BASHEER Vs. SHAKOOR

JUDGEMENT

(1.) BASHEER and Muneer Hasan have filed this second appeal against the judgment and decree dated 20-1- 1994 passed by the learned Additional Commissioner, Meerut.

(2.) BRIEFLY, stated the facts of the case are that the plaintiff- appellants filed a suit under Section 229b/176 of the U. P. Z. A, and L. R. Act before the learned trial Court with the allegation that the proper ty in question is ancestral one and they alongwith defendants are co-sharers and according to the share the property should be divided. Plaintiff-appellants claimed their 1/3rd share in the land in dispute. The defendant- respondents filed written statement and denied the claim of the plaintiff- appellants. The learned trial Court decreed the suit of the plaintiff-ap pellants against which an appeal was preferred before the Commissioner, Meerut. The learned Additional Commis sioner after considering the evidence on record arrived at a conclusion that the decision of the learned trial Court is against the fact and law and the same was set aside by the learned Additional Com missioner by allowing the appeal.

(3.) I, therefore, feel that the judgment and decree dated 20-1-94 passed by the learned Additional Commissioner deser ves interference. I, therefore, allow the appeal, set aside the judgment dated 20-1 - 94 passed by learned Additional Commis sioner and confirmed the judgment and decree dated 6-12- 1993 passed by the trial Court. Appeal allowed. .