PREMA DEVI Vs. MATHURA DUTT PANDEY

JUDGEMENT

(1.) A very short controversy, which this Court is adjudicating upon without venturing into the merits of the matter and, without venturing into determining any issues pertaining to the right of the parties, in relation to the subject matter of the Suit under Sec. 176, of the U.P.Z.A. and L.R. Act, 1950. The provisions contained under the said Act, they have been held to be the proceedings under a special statute, because they have been made as the part of IXth Schedule of the Constitution of India as having been included in Entry 11 of the said Schedule. That means the Constitution of India itself has given the provisions of U.P.Z.A. and L.R. Act as a special status, where the Act has been treated as to be a self contained code, which includes providing with all the determination of right in relation to a land, which is defined under Sec. 3(14) of the Act in any set of proceedings may it be either under Sec. 229B, 209, 210 or Sec. 176 and henceforth.

(2.) In the case at hand, the respondents herein are the plaintiffs in a Suit No. 27/1 (2007-2008), Mathura Dutt and Another v. Smt. Prema Devi and others which they have invoked for partition of the property in dispute under Sec. 176 of the Act, which initially stood dismissed against them by the order as passed by the Court of SDM/Assistant Collector, 1st Class, Nainital on 1/12/2011, being aggrieved against which they had preferred a First Appeal being Appeal No. 16/2011-12 / 24/2011-12, Shri Mathura Dutt and Another v. Smt. Prema Devi and others invoking Sec. 331(1) of the Act before the Court of Additional Commissioner, Kumaon Mandal, Nainital and the said First Appeal too was dismissed by the Court of Commissioner, Kumaon Mandal, Nainital vide its judgement dtd. 24/9/2013.

(3.) Now the controversy which germinates and which requires consideration before this Court is as to when a person is aggrieved against the Appellate Court's order, rendered under Sec. 331(1), which forum under the Special Act is available to him for redressal of his grievance. According to the provisions contained under Sec. 331(4), it provides that any person, who is aggrieved against the judgement rendered by the First Appellate Court under Sec. 331(1), has got a remedy of filing of a Second Appeal before the Board of Revenue under Sec. 331(4), which is quoted hereunder: