ASHIQ ALI Vs. MAQSOOD ALI

JUDGEMENT

(1.) THIS is a second appeal preferred against the judg­ment and decree dated 26-5-1997 passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and decree, dated 25-6-1996 passed by the learned trial Court in a suit under Section 229-B of the UPZA & LR Act (here in after referred to as the Act).

(2.) BRIEF and relevant facts of the case are that the plaintiff-appellant, instituted a suit under Section 229-B of the Act the defendant-respondent, Maqsood Ali and others for declaration of his rights over the land in suit as detailed at the foot of the plaint. The learned trial Court by means of its order dated 25-6-1996 dis­missed the suit of the plaintiff- appellant. Aggrieved by this order, an appeal was preferred. The learned Additional Com­missioner has upheld the aforesaid judg­ment and order passed by the learned trial Court and dismissed the appeal on 26-5-1997. Hence this second appeal.

(3.) I have carefully and closely ex­amined the contentions raised by the learned counsel for the parties and relevant records on file. On a close ex­amination of the relevant records, it is abundantly clear that the learned trial Court has properly and thoroughly analysed, discussed and considered 'he relevant and material facts and cir­cumstances of the instant case and has recorded a clear and catagorical finding to the effect that the plainiff-appellani is not entitled to any relief and consequeo by, it has dismissed the suit of the plainuft ap­pellant. The learned lower appellate Court has also properly examined the relevant points at issue and has rightly upheld the aforesaid judgment and order passed by the learned trial Court and dis­missed the appeal on 26-5-1997.