JUDGMENT S.K. Lakhtakia, J. - This is a revision against the judgment and order dated 30-4-1980 passed by Additional Commissioner, Meerut Division Meerut, dismissing revision no. 179 of 1979 arising out of case no. 137/22/77 under Section 198 (4) of the U.P.Z.A. & L.R. Act, passed by Addl. Collector, Bulandshahr dated 8-4-1979. 2. The facts in this case in brief are that opposite parties are Pattedars of the land in dispute which was allotted to them by the L.M.C. The revisionist filed an application under Section 198 (4) of the U.P.Z.A. & L.R. Act for the cancellation of the pattas mainly on the ground that the applicants belong to Scheduled Caste and have been continuing in possession from prior to 30-6-1975 and on account of the possession on that date they acquired sirdari right and therefore, L.M.C. could not execute any patta without ejecting them. It was also alleged that the petitioners have filed a declaratory suit also under Section 229-B of the (J.P.Z.A. & L.R. Act. The allegations that agenda, publication of notice were also not made properly, hence the proceedings were irregular were also made. The opposite party contested the application on the ground that the pattas had been validly made in their favour. The trial court found that the revisionists were never in possession and that the proceedings of the execution of pattas were not irregular, hence it rejected the application. The revision filed against that order was also dismissed hence this revision. 3. Heard the learned counsel for both the parties. Perused the record. 4. So far as the question of possession is concerned it is one of fact on which both the courts below have arrived at a finding that the revisionists have never been in possession. There is, also a concurrent finding of fact of the courts below that procedure for allotment was also proper. In such circumstances the orders of the courts below cannot be interfered with because no question of law is involved. The revisionists have already filed a regular suit under Section 229-B of the U.P.Z.A. & L.R. Act, hence their title can easily be got determined therein.
In such circumstances the orders of the courts below cannot be interfered with because no question of law is involved. The revisionists have already filed a regular suit under Section 229-B of the U.P.Z.A. & L.R. Act, hence their title can easily be got determined therein. In such cases where the petitioners challenge execution of patta on the basis of their own title it is not necessary that pattas should be got cancelled and the petitioners can directly go in a regular suit for the declaration of their own title. In such circumstances this revision has no force and is accordingly dismissed.