1985 ALL. L. J. 297 ::(1985) All WC 287 ::1985 All CJ 181

Allahabad High Court

Hon'ble Judge(s): K. C. Agarwal , J

(A) Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.33— Ex parte order -Appealable. An order passed ex parte by the Competent Authority would also, be an order covered by Section 33 of the Act. For applying this provision, it is not necessary that the parties must have been heard on merits. If a case has been decided ex parte and the person aggrieved by it wants to file an appeal and shows in the same that the order is incorrect either on facts or in law, he would be entitled to get the relief in such an appeal. In an appeal preferred against an ex parte order, the appellate court can go into the ground of non-appearance of the defaulting patty as well.(Para 3 4) (B) Evidence Act (1 of 1872) , S.114— Endorsement on registered cover - Presumption as to - Rebuttable. There can be no doubt that in law there is a presumption about the correctness of endorsement made on a registered cover, but the party aggrieved by such an endorsement has the right to rebut the same by bringing evidence to that effect.(Para 4) (C) Urban Land (Ceiling and Regulation) Act (33 of 1976) , S.31(c), S.33— Affidavit filed in appeal to show that in fact there is no ....