PREMA SINGH Vs. VIRENDRA SINGH

JUDGEMENT

(1.) THIS second appeal has been filed against the order dated 31 -5 -96 passed by learned Ad ­ditional Commissioner, Bareilly arising out of a suit under Section 176 of the UPZA and LR Act.

(2.) BRIEF facts of the case are that a case under Section 176 of the UPZA and LR Act was filed regarding three villages namely Karaie, Dhaeli, Sadullagah. The trial Court vide its order dated 16 -2 -95 has decided the shares of the parties regarding two villages Dhaneli and Sadullagah but dismissed the suit regarding the village Karaie. Being aggrieved by this order an appeal was preferred before the Addition ­al Commissioner and Additional Commis ­sioner vide his order dated 31 -5 -96 'has remanded the case for deciding the shares in all the three villages. Being aggrieved by this order Smt. Prema Devi has filed this second appeal.

(3.) IT has been argued by the learned Counsel for the appellant that Additional Commissioner has wrongly remanded the case to the trial Court.