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Allahabad High Court · body

1985 DIGILAW 945 (ALL)

Tejpal Singh v. State

1985-10-04

KAUSHAL KISHORE

body1985
JUDGMENT Kaushal Kishore, Member - This revision petition has been, filed against the Judgment and order dated 10-12-1976 dismissing the revision against the trial court order dated 30.9.1976 passed under Section 122-B of the U.P.Z.A. & L.R. Act for ejectment and damages. 2. I have heard the learned counsel for the parties and have also perused the record. 3. The copy of the judgment dated 15-5-1980 in civil appeal no. 53 of 1979 has been filed with the argument that it has bearing on the decision of this case and an affidavit has also been filed. The ejectment order by the learned trial court was area of plot number 565 which is a Talab. It is well known that the order under Section 122-B passed in summary proceedings is always subject to the decisions of title etc. in regular suits. Therefore, the judgment dated 15.5.80 is binding on the parties in respect of the land in dispute, in supervision of the trial court order dated 30-9-1976. 4. So far as the trial court order and exercise of jurisdiction by the learned trial court at the time is concerned, I do not find any error of jurisdiction. Still, now the implementation of ejectment order and damages order will be subject to findings by the civil court which must be looked into at the time. The papers filed on 21-3-1985 are accordingly admitted and while dismissing the revision, it is further directed that the learned trial court will implement the ejectment order subject to the judgment dated 15.5.80 or any subsequent final decision in respect of the land in dispute as may have been given by a competent court. Damages will also be governed or recalculated in the light of the civil court judgment.