BAHAU Vs. MANI RAM

JUDGEMENT

(1.) THIS revision has been filed by Bahau against the judgment and order dated 24-4-95 passed by learned Additional Commis­sioner, Faizabad in Appeal No. 288 arising out of suit under Section 229-B of UPZA and LR Act.

(2.) BRIEFLY , the facts of the case are that Bahau instituted a suit for declaration that he was bhumidhar of the land in suit. The suit was contested by the defendants. The trial Court decreed the suit. Feeling- ag­grieved by this order Mani Ram and another filed an appeal before the learned Additional Commissioner who allowed the same, set aside the order of the trial Court and remanded the case to the trial Court for fresh decision on merits accord­ing to law. Against this order of the learned Additional Commissioner the present revision has been filed.

(3.) THE learned Additional Commis­sioner has considered each and every aspect of the matter and has written an elaborate order. He has assigned good per­sons in support of his order. It is important to note that in order to succeed on the basis of adverse possession the plaintiff is required to prove that he is in continuous possession for over 12 years. The learned Additional Commissioner has rightly observed that this aspect needs a fresh investigation.