RAM CHARAN Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a second appeal against the judgment dated 11-3-93 passed by learned Additional Commissioner Jhansi passed an Appeal No. 87A/33/44/9 of 87-88 arising out of a suit under Section 176 of the UPZA and LR Act. BY the impugned order the learned Additional Commissioner, dis­missed the appeal and upheld the order of the trial Court dismissing the suit of the plaintiff.

(2.) BRIEFLY the facts of the case are that Mulua, plaintiff since deceased and sub­stituted by defendants Ram Charan and Tijwa instituted a suit for division of his share alleging that he was entitled to half share and defendants Nos. 1 and 2 were entitled to 1/4 share each. He claimed that the property devolved upon them from Smt. Manjhali widow of Tunda. He claimed half share as he was Tunda's brother and alleged that the defendants who were Tunda's brother's sons were en­titled to 1/4 shares. The defendants con­tested the suit inter alia on the ground that each of the parties had 1/3 share. The trial Court held that the property did not devolved either on the plaintiff or on the defendants and vested the same in the Gaon Sabha. It dismissed the suit. The learned Additional Commissioner upheld the order and dismissed the appeal.

(3.) I have heard the learned Counsel for the parlies and perused the record.