DILSHAD HUSSAIN Vs. STATE OF U P

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 August 29, 1997 passed by the learned Addl. Commis sioner, Moradabad Division, Moradabad, arising out of an order dated September 26, 1996 passed by the learned trial Court in a suit under Section 229-B of UPZAnd LRAct.

(2.) BRIEF and relevant facts of the case are that the plaintiff Dilshad Hussain in stituted a suit under Section 229-B of UPZA and LR Act impleading the U. P. Stale and others as defendants with the prayer that the plaintiff be declared as Bhumidhar with transferable rights in pos session over the disputed land as detailed at the foot of the plaint. The learned trial Court after completing the requisite trial dismissed the aforesaid suit on September 26, 1996. Aggrieved by this order an appeal was preferred. The learned Additional Commissioner by means of his order dated August 29, 1997 dismissed the appeal. Hence this second appeal.

(3.) IN view of the discussions made hereinabove, I am of the view that this second appeal being devoid of merits deserves to be dismissed and the aforesaid impugned orders passed by the learned Courts below are liable to be sustained.