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Supreme Court of India

PREM CHAND vs BOARD OF REVENUE UP on 25 August, 2008

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C.A. No.-005230-005230 - 2008Official PDFBench Biswanath Agrawal, Ganpat Singh SinghviAdvocates RAKESH K. SHARMA | KAMLENDRA MISHRA
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE 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.

Leave granted.

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.

[G.S. SINGHVI] New Delhi, August 25, 2008.