CHANDRABHAN ETC Vs. BAL SWAROOP

JUDGEMENT

(1.) RAM Janam Singh, J. Chandrabhan and others have filed this second appeal against the judgment and decree dated 31-1- 1995 passed by learned Additional Commissioner, Meerut.

(2.) FACTS of the case are that Fateh Singh and others, the fathers of the appel lants, filed a suit under Section 176 of the UPZA and LR Act before the learned trial Court against defendants Charan Singh, Sheeraj Singh and Shoran Sing claiming 1/4th share each for the plaintiff as well as remaining three defendants. The defen dants did not oppose the partition suit. The learned trial Court after perusal of the oral and documentary evidence and also a compromise between the parties decreed the suit accordingly on 21-9-77. After a lapse of even years on 10-10-1984 Fateh Singh moved an application for prepara tion of final decree. Defendants respon dents opposed that the final decree should not be prepared on the basis of the prelimi nary decree passed on 21-9-1977. The learned trial Court on the basis of this application moved by Fateh Singh and the objection raised by the defendants respon dents set aside the decree dated 21-9-1977 and fixed the case for further necessary action. The plaintiff- appellants filed a first appeal before the Commissioner Meerut and the Commissioner also rejected the appeal vide its order dated 31-1-1995. Hence, this second appeal. "

(3.) ON the basis of the discussions made above, the second appeal is allowed ; judgments and decree passed by both the Courts below are set aside. Appeal allowed .