KALLU AND ORS. Vs. STATE

JUDGEMENT

(1.) THIS is a second appeal under Section 331 of the UPZA and LR Act (hereinafter referred to as the Act) preferred against the judg­ment and decree dated 30-1-1999 passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and decree dated 27-6-1998 passed by the learned trial Court in a suit under Section 229-B of the Act.

(2.) BRIEF and relevant facts of the case are that the plaintiffs, Kailu and others instituted a suit under Section 229-B of the Act against the defendants, U.P. State and the Gaon Sabha concerned with the prayer that the plaintiffs be declared Bhumidhar with transferable rights over the suit land as detailed at the foot of the plaint. The learned trial Court after completing the requisite trial dismissed the aforesaid suit on 27-6-1998. Aggrieved by this order, an appeal was preferred. The learned Additional Com­missioner has also dismissed the appeal on 30-1-1999. Hence this second appeal.

(3.) 1 have closely and carefully con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. From a bare perusal of the relevant records it is crystal clear that the learned trial Court has properly analysed, discussed and considered the evidence on record as well as the facts and circumstan­ces of the instant case in correct perspec­tive of law and has rightly dismissed the aforesaid suit filed by the plaintiffs. The learned lower appellate Court has also properly examined the points at issue and has recorded a clear and categorical find­ing to the effect that the plaintiff-appel­lants have no title and possession over the land in suit and has correctly dismissed the appeal.