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2003 Supreme(All) 2677
HIGH COURT OF ALLAHABAD
N.S.Ravi
RANDHIR SINGH
Versus
HARDAS
Decided On : 09 December 2003
Revision No. 54 of 1999-2000
The main legal point established is that the title suit under Section 229-B should be decided before proceedings under Section 176, and the trial court must abide by the directions to decide the suit expeditiously.
Headnote:
Section 229-B - Title Suit - The court held that the title suit under Section 229-B of the U. P. Z. A. and L. R. Act be decided first before proceedings under Section 176, directing the trial court to decide the claims of the contesting parties and then proceed for partition.
Fact of the Case:
The revision was filed against the order passed by the Divisional Commissioner, directing the trial court to decide the title suit under Section 229-B before the partition suit under Section 176.
Finding of the Court:
The court found no irregularity in the impugned order passed by the Divisional Commissioner, stating that it was a direction to the trial court to decide the claims of the contesting parties and then proceed for partition.
Issues: The issues involved the order to decide the title suit before the partition suit and the contention of the revisionist regarding the legality and jurisdiction of the order.
Ratio Decidendi: The court's decision was based on the interpretation of the provisions under Section 229-B and Section 176 of the U. P. Z. A. and L. R. Act, directing the trial court to decide the title suit expeditiously within six months.
Final Decision: The revision was dismissed, and the trial court was directed to abide by the directions issued by the Divisional Commissioner to decide the title suit expeditiously within six months.
This is a revision against the order passed by Divisional Commissioner Jhansi on 22-2-2000 in Revision No. 47/99-2000 arising out of an interim order passed by S. D. O. Tal Behat in a declaratory Suit No. 74/98-99 on 25-10-99. By the impugned order the learned Commissioner has held that the title suit Bearing No. 5/99-2000, Har Dass and others v. Randhir Singh and others, under Section 229-B be decided first and then proceedings under Section 176 be taken up. The revisionist has come to this Board against this order. It appears from the papers that regarding the same plots of land two suits were pending before S. D. O. Tal Behat. One under Section 229-B of the U. P. Z. A. and L. R. Act and another under Section 176 of the U. P. Z. A. and L. R. Act. An application under Section 10 C. P. C. was moved before the trial Court on 25-10-99 requesting that first the declaratory suit be decided and then the partition suit. On this application the learned trial Court passed the impugned order dated 25-10-99 directing that both case be heard simultaneously on same dates. Against this order revision was filed before the learned Commissioner which was disposed of by the impugned order.
2. The revisionist before the Board agitates that no notice was issued by the revisional Court and the order is ex-parte , illegal and arbitrary as well as without jurisdiction. I see no irregularity in the impugned order passed by Divisional Commissioner which simply a direction to the trial Court first to decide the claims of the contesting parties and then proceed for partition.
3. Revision is devoid of any merit and misconceived which is dismissed. The trial Court is directed to abide by the directions issued by the Divisional Commissioner to decide the suit expeditiously within six months.
Revision dismissed.
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