RAMESHWAR Vs. NANHEY LAL

JUDGEMENT

(1.) This second appeal is directed against the Judgement and decree passed by the Additional Commissioner, Bareilly Division, Bareilly on 12-3-1981 in appeal No. 269 of 1980 passed by Sub-Divisional Officer Sadar of District Shahjahanpur in case no. 73 of 1980 under Sections 229-B/209 of the U.P. Zamindari Abolition and Land Reforms Act, to be called the "Act" hereinafter.

(2.) Briefly speaking the facts of the case are that a suit under Sections 229-B/209 of the Act was brought by respondent Nanhey Lal son of Bhawani Prasad resident of Mohalla Akab Masjid Kauch, district Shahjahanpur against the appellant Rameshwar son of Laxman, resident of village Sehramau, Pargana, Tehsil and district Shahjahanpur and two others with the allegations that the defendant in conspiracy with the Lekhpal of the circle could manage to get his name recorded in class 9 in the khatauni which is farzi and therefore the plaintiff sought declaration of his co-tenancy rights along with the ejectment of defendant, if found in possession and expunging of his name from the records. The suit was dismissed under the Judgement and decree dated 19-5-1980 passed by the trial court against; which an appeal was preferred which was appeal No. 269 of 1980 of district Shahjahanpur and the same has been disposed of by the Additional Commissioner Bareilly Division, Bareilly under his Judgement and decree dated 12-3-81 whereby the appeal was allowed and the suit was decreed. The defendant feeling aggrieved has come to this court in second appeal.

(3.) I have heard the learned counsel for the appellant and have perused the record. None appeared on behalf of the respondent.