ASHA RAM Vs. KRANT KUMAR

JUDGEMENT

(1.) S. P. Pandey, J. This is a second appeal under Section 331 (4) of the UPZA and LR Act preferred against the judgment and decree dated 13-11-90 passed by the learned Additional Commis sioner, Jhansi Division, Jhansi arising out of the judgment and decree dated 20-5-1988 passed by the learned trial Court in a suit under Section 229b/209 of the UPZA & LR Act.

(2.) BRIEFLY staled, the facts of the case are that the plaintiff, Krant Kumar in stituted a suit under Section 229-B/209 of the UPZA & LR Act with the prayer that he be declared bhumidhar with trans ferable rights over the disputed holding as detailed at the foot of the plaint and the name of the defendant No. 1 Gyasi be expugned from the revenue records. The learned trial Court after completing the requisite trial by means of its order dated 20-5-1988/21-5-1988 decreed the aforesaid suit. Aggrieved by this order, appeal was preferred. The learned Addi tional Commissioner has allowed the ap peal and set aside the aforesaid judgment and decree passed by the trial Court. Hence, this second appeal.

(3.) THE learned lower appellate Court has correctly examined the oral as well as documentary evidence on record and has also properly examined the points at issue. From a perusal of the record, it is crystal clear that in the khatauni for 1356f and 1359f, Shiv Charan, the father of the ap pellant was recorded in class 6 (1) in pos session as Asami occupant and in 1359f, bhumidhari certificate was also issued and the mutation in respect of the aforesaid Shiv Charan is also mentioned herein.