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1979 DIGILAW 205 (ALL)

Prem Narayan v. Gaon Sabha

1979-02-20

H.N.AGARWAL

body1979
JUDGMENT H.N. Agarwal, Member. - This is a reference made by the Additional Commissioner, Allahabad Division, recommending that the revision filed by Prem Narayan against the order dated September 10, 1972 passed by the Tahsildar, Bhognipur, district Kanpur, in a case under Section 122-B of U.P. Z.A. and L.R. Act, may be rejected. 2. I have heard the learned counsel for the parties and have gone through the record. 3. On the report of the Lekhpal that Gaya Prasad had trespassed over Gaon Sabha plots No. 396, 797 and 798, a notice in Z.A. Form 49-Ka was issued to him. The notice was, however, received by Sri Narayan son of Gaya Prasad. Sri Narayan and his brother Prem Narayan also filed their objection to the notice saying that their father Gaya Prasad was in cultivatory possession of the land for thirty-eight years and after his death they were in possession, and thus a bona fide question of title was involved. The Tahsildar has passed the order of ejectment along with Rs. 2,226/- as damages. 4. The impugned order of the Tahsildar is void ab initio. The notice has been issued in the name of a dead person and thereafter proceedings have been continued against the sons of the deceased without taking any steps for substitution. The learned Tahsildar has not even bothered to mention in the Judgment the name of the person to whom the notice was issued or the person against whom the order of ejectment has been passed. This amounts to a gross irregularity in the exercise of jurisdiction. It is essential in the interest of justice that the name of the person against whom proceedings are taken should be mentioned. It is because of this confusion that the learned Tahsildar seems to have failed to observe that the notice was issued to a dead person, and it is impossible to eject a dead person. Another material irregularity committed by the learned Tahsildar is that he has failed to consider or discuss the oral evidence of either side. 5. The result is that I hereby allow the revision, set aside the impugned order, and direct that the Tahsildar shall take fresh proceedings in accordance with law after issuing a proper notice in Z.A. Form 49-Ka to persons who are alive.