LAWS(ALL)-2000-2-64

GAJRAM Vs. SHANTI DEVI

Decided On February 04, 2000
GAJRAM Appellant
V/S
SHANTI DEVI Respondents

JUDGEMENT

(1.) S. P. Pandey, J. This is a second appeal under Section 331 of UPZA and LR Act preferred against the judg ment and decree dated November 6, 1953 passed by the learned Addl. Commis sioner, Moradabad Division, Moradabad arising out of a judgment and decree dated 1-2-93/3-2-93 passed by the learned trial Court in a suit under Section 229-B of UPZAndlract.

(2.) BRIEF and relevant facts of the case are that the plaintiff Smt. Shanti Devi in stituted a suit under Section 229-B of UPZA and LR Act against the defendants Gajram and others with the prayer that she be declared a Bhumidhar in possession with transferable rights over the disputed land as detailed at the fool of the plaint. The learned trial Court after completing the requisite trial has dismissed the aforesaid suit on 1-2-93. Aggrieved by this order an appeal was preferred. The learned Addl. Commissioner has allowed the appeal and set aside the aforesaid judg ment and decree on 6-8-93. Hence this second appeal.

(3.) IN view of the discussions made here in above, I come to the conclusion that this second appeal being devoid on merits deserves to be dismissed and the aforesaid impugned order dated 6-8-93 is liable to be maintained.