Prem Chand & Ors.
Vs. Board of Revenue Up & Ors.  INSC 1425 (25 August 2008)
JURISDICTION CIVIL APPEAL NO.5230 OF 2008 (Arising out of S.L.P. (C) No.8814 of
2006) Prem Chand and Others ...Appellant(s) Versus Board of Revenue U.P. and
Others ...Respondent(s) O R D E R Heard learned counsel for the parties.
By the impugned
order, the High Court set aside the orders passed by the Revenue Officer
(Original Authority), Additional Commissioner, Meerut (First Appellate
Authority) and Board of Revenue, Uttar Pradesh (Second Appellate Authority) and
remanded the matter to the Original Authority with the direction to frame an
additional issue as to whether the compromise decree was passed in the suit
under Section 59 of the U.P. Tenancy Act and its effect. While doing so, the
High Court directed that the Original Authority shall decide the case on the
basis of the material existing on record and no party shall be allowed to lead
any further evidence.
In our opinion, when
the High Court directed the Original Authority to frame an additional issue and
decide the matter afresh, there was no justification to direct that the case be
decided on the basis of existing material and no party shall allowed to lead
further evidence. This direction is wholly unwarranted.
Accordingly, the appeal is allowed in-part, impugned order is modified to this
extent that, after framing issue, as directed by the High Court, the Original
Authority shall give opportunity to the parties to lead further evidence. As
the matter has become very old, we reiterate the direction of the High Court
that proceeding shall be disposed of within a period of six months from the
date of receipt/production of copy of order of High Court and this order.
Delhi, August 25, 2008.