ABDUL MAJEED Vs. SHAMIMUL-HAQ

JUDGEMENT

(1.) THIS second appeal has been filed by Abdul Majid against the judgment and order dated 30-12-99 passed by learned Additional Com­missioner, Azamgarh Division, Azamgarh in Appeal No. 32/38/48/M of 98: By the impugned order the learned Additional Commissioner, dismissed the appeal and confirmed the order dated 29-6-98 passed by the trial Court in suit No. 9/349 of 98 under Section 229-B of the UPZA and LR Act.

(2.) BRIEFLY the facts of the case are that Abdul Majid instituted a suit in respect of plot No. 461/11 area 200 Karis. He stated that plot No. 396 and same other plots are situated with in the ambit of ploi No. 461 and that the area in question belongs to him. Shamiul Haq and others contested the suit inter alia on the pleas that the land in question was not the land as defined under the UPZA and LR Act and that the land in question was not identifiable on the spot. They also pleaded that the suit was barred by Section 11 CPC on 31-10-1973 the suit of the plaintiff was dismissed but in appeal the case was remanded by the order dated 22-7-74. On 6-2-98 Zahiruddin and others were impleaded as parties as they had purchased the land from Shamiul Haq and others. By the order dated 29-6-98 the trial Court held that the entire area of plot in question was abadi. It further held that plot No. 461/1 1 was not identifiable on the spot. He dismissed the suit. On appeal the learned Additional Commissioner by his order dated 30-12-99 agreed with the trial Court and dismissed the same. Hence the present second has been filed by Abdul Majid.

(3.) THE learned Counsel for the appel­lant has submitted that the land in ques­tion was identifiable on the spot and a declaration under Section 143 of UPZA and LR Act had not been made it could not be treated to be non agricultural. He fur­ther submitled lhal the Courts below have wrongly held the land to be unidentifiable on the spot. He further pleaded that from the evidence on record it has been fully established that the plot in question having an area of 200 Karis is bhumidhari of Abdul Majid and the Courts below have wrongly dismissed the suit on lechnical grounds.