PHOOL SHAH Vs. AKHTAR AND ORS.

JUDGEMENT

(1.) This is a second appeal under Sec. 331 of U.P.Z.A. and L.R. Act, preferred against the judgment and decree dated Aug. 29, 1997. passed by the learned Additional Commissioner Moradabad Division. Moradabad, arising out of judgment and decree dated 20.12.1996 and 6.1.1997 respectively, passed by the learned trial court.

(2.) Brief and relevant facts of the case are that the plaintiff Akhtar s/o Maqbool Shah instituted a suit under Sec. 229B of the U.P.Z.A. and L.R. Act with the prayer that he be declared bhumidhar with transferable rights along with defendant No. 1 Phool Shah, over the disputed land as detailed at the foot of the plaint' The learned trial court after completing the requisite trial, has decreed the aforesaid suit on 20.12.1986. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner, by means of his judgment and order, dated Aug. 29, 1997, dismissed the appeal. Hence this second appeal.

(3.) I have heard the learned counsel for the parties and perused the records, on file. For the appellant it was contended that the orders of both the courts below are erroneous and bad in the eye of law and as such, are liable to be set aside, that the learned courts below have not considered the facts and circumstances of the instant case and have decided the case against the appellant, as the suit of the plaintiff is barred by Sec. 49 of C.H. Act that no reasonable opportunity was afforded to the appellant of being heard and adducing evidence in support of his claims, as such the case be remanded for decision afresh to the learned trial court. In reply, the learned counsel for the respondent submitted that the aforesaid impugned orders, passed by the learned courts below are quite, just and proper, which must be maintained.