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1992 DIGILAW 1037 (ALL)

Chhidda Singh v. Gaon Sabha

1992-08-10

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, M. - This reference has been made by the Additional Commissioner, Agra Division, Agra dated 23.12.72 under Section 333-A of U.P. Act No. 1 of 1951 against the order of the Tahsildar Iglas, district Aligarh dated 12.4.72. 2. In brief the facts of the case are that the proceeding started under Section 122-B (2) of U.P. Act No. 1 of 1951 against revisionist. He was ordered to be ejected by the Tahsildar. Revision was filed against that order. The Additional Commissioner recommended that the unauthorised posses was op to the period of six months, therefore, the proceeding was not maintain able. Against this recommendation object on was filed that the proceeding is maintainable. 3. Nobody appeared from either side. Perused the record. 4. It appears that the revisionist had died, therefore, it has become necessary to start a fresh proceeding if any person is in unauthorised occupation because this proceeding is not maintainable against revisionist Chhidda Singh. Therefore, this reference is accepted with this modification that if any one is in unauthorised occupation of the land it will not barred to initiate fresh proceeding against a dead person. This reference is decided accordingly.