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1988 DIGILAW 2 (ALL)

Lal Chand v. Gaon Sabha

1988-01-01

GIRIDHAR GOPAL

body1988
JUDGMENT Giridhar Gopal, Member. - This reference has come from Addl. Commissioner jurisdictional error has been committed by the learned trial court. 2. I have heard the learned counsel for the parties. The learned counsel for the revisionist submitted that notice in Z. A. Form 49-A, which is mandatory, is defective inasmuch as plot number is not given and nature of encroachment is also not indicated, that the period of trespass is also not given, that there are number of trees on the plot which is adjacent to the house of the revisionist and is being used for personal agriculture purposes by the revisionist, that since the trees were planted by the revisionist they belonged to the revisionist, that two witnesses were examined by the revisionist stating that it was old house of the revisionist and the same has not been considered by the courts below. The learned D.G.C. (R.) in reply argued that in the notice, plot number is given, that the report on the basis of which notice was issued shows that he (the revisionist) was constructing a house, that extract of khatauni is also on record in which plot is recorded as 'Bhita', that since the land belongs to Gaon Sabha the trees on it will also being to Gaon Sabha, that the Lekhpal has been examined who has stated that it is Gaon Sabha land and after Consolidation the land in dispute is recorded as 'Bhita', that actually the plot in dispute is near his old house and the revisionist had encroached upon this Gaon Sabha Land, possibly to extend the area of his house which is not justified. It was further pointed out that if there was any column unfilled in the notice it will not be treated to be material unless any injustice is caused to the revisionist. 3. I have carefully considered the arguments of the learned counsel for the parties and have also perused the records. The orders of the learned trial court and the revisional court has been carefully seen. I agree with the detailed arguments advanced by the learned D.G.C. (R). The encroachment made by the revisionist on the Gaon Sabha land is clearly established and proved and there is no reason to interfere with the orders of the courts below. I further agree with the views of the learned Addl. I agree with the detailed arguments advanced by the learned D.G.C. (R). The encroachment made by the revisionist on the Gaon Sabha land is clearly established and proved and there is no reason to interfere with the orders of the courts below. I further agree with the views of the learned Addl. Commissioner that there is no jurisdictional error committed by the, learned trial court. The revision is accordingly dismissed.