STATE Vs. CHHEDA SINGH

JUDGEMENT

(1.) THIS second appeal has been field by State of U.P. and Gram Panchayat against the judgment and decree dated 3-3-2000 passed by learned Additional Commissioner, Chitrakoot by which he has allowed the appeal and set aside the judgment and decree of the trial Court and decreed the suit of the plaintiffs.

(2.) PRESENT second appeal was filed on 14-8-2000 and is beyond time. An applica­tion under Section 5 of the Limitation Act alongwith an affidavit has been filed seek­ing condonation of delay in filing the second appeal. Certified copies of the order and decree of the learned Additional Commissioner were obtained on 6-4-200 arid application for certified copy of the that Court's order was applied on 19-6-2000 and it was ready on 11-7-2000. The period prescribed for tiling a second ap­peal is 90 days from the date of the order and decree. When the certified copy of the order and decree of the Additional Commissioner have been obtained on 6-4-2000 and certified copy of the trial Court's order was obtained on 11 7 -2000 what, prevented the appellants from filing the appeal soon thereafter. The delay in filing the present second appeal has not been explained satisfactorily. The appeal is liable to be dismissed on this ground alone.

(3.) A perusal of the judgment of the Additional Commissioner shows that the names of Chheda Singh was recorded in the years 1356/1359 Fasli. CH Form 2 was issued in which he was shown to be in possession. In Khatauni 1375-1377 Fasli Chheda Singh was shown in Ziman 4. Proceedings under Rule 115-C of ZA Rules initialed against him were dropped on the ground that a bona fide question of title was involved. The plaintiff adduced oral evidence to prove his continuous pos­session from before the date of vesting. The learned Additional Commissioner believed the entries in the year 1356/1359F and found that Chheda Singh acquired rights by operation of law and became bhumidhar with transferable rights after introduction of Act No. VIII of 1977.