MAMID ALI KHAN Vs. MOHD ALI KHAN

JUDGEMENT

(1.) S. P. Pandey, J. This is a second appeal under Section 33 1 of UPZA and LR Act, preferred against the judg ment and order dated March 31, 1997 passed by the learned Addl. Commis sioner, Moradabad Division, Moradabad, arising out of an order dated 19 2- 96 and decree dated 1 1 -3-96 passed by the learned trial Court in a suit under Section 176 of UPZA and LR Act.

(2.) BRIEF and relevant facts of the case are that plaintiff Mohd. Ali Khan in stituted a suit under Section 176 of UPZA and LR Act, with the prayer that his 1/2 share over the disputed holding as detailed in para I of the plaint, be set apart and the possession of the same be delivered to him. The learned trial Court after completing the requisite trial has decreed the aforesaid suit on February 19, 1996. Ag grieved by this order an appeal was preferred. The learned Addl. Commis sioner has upheld the aforesaid order passed by the learned trial Court and dis missed the appeal. Hence, this second ap peal.

(3.) I have closely considered the con tentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. On perusal of the records it is manifestly clear that the learned trial Court has properly discussed and considered the relevant and material facts and circumstances of the instant case and has rightly recorded clear and categorical finding of fact, that the plaintiff and contesting defendant have 1/2 share in the disputed holding. The learned lower appellate Court has also properly examined the points at issue in correct perspective of law and drawn plausible conclusion that judgment and decree passed by the learned trial Court is legal and sustainable. I find no any patent il legality or material irregularity committed in the aforesaid impugned judgment and order dated 31 -3-97 passed by the learned Addl. Commissioner. The appellant utter ly failed to substantiate their claims as to the title of the disputed holding I entirely agree with the conclusion drawn by the learned Additional Commissioner.