RAMANAND Vs. SITA RAM

JUDGEMENT

(1.) THIS is a revision againsl the order daied 19-8-96 passed by the Additional Commissioner, Faizabad Division, Faizabad, arising out of a suit under Section 229-B of UPZA and LRAct.

(2.) HEARD ihc learned Counsel for Ihe parlies and perused Ihe relcvanl papers on file.

(3.) AFTER hearing the parties and perusing the records it appears that a suit under Section 229-B of UPZAand LR Act was instituted for declaration of rights in respect of the plot in disputes detailed down at the foot of the plaint and after institution of suit notices were issued to othersides and on their pleadings as many as six issues were framed to adjudicate the bone of contention amongst the parties. Later on the trial Court passed an order in respect of issue No. 5 treating the same as preliminary issue and found that the suit was maintainable. The said order was passed on 6-8-96 by the Sub-divisional Of­ficer, Faizabad (now Ambedkar Nagar) and the parties were allowed to lead evidence in respect of their claims. The order dated 6-8-96 stood challenged before the Commissioner, Akbarpur, Faizabad Division, which has been heard and decided vide the Additional Commissioner's order dated 18-9-96 where by the first revision stood dismissed; it is now under challenge before the Board of Revenue, Allahabad.