RAJ KUMAR Vs. DASHRATH

JUDGEMENT

(1.) THIS second appeal has been filed by Raj Kumar against the judgment and decree dated 15-3-1991 passed by learned Additional Commissioner, Jhansi in Appeal No. 29/117 of 1988-89. By the impugned order the learned Additional Commissioner allowed the appeal, modified the order of the trial Court and passed specific orders allotting qurras to the parties.

(2.) BRIEFLY the facts of the case are that Dashrath instituted a suit under Section 176 of the U.P.Z.A. and L.R. Act for division of his share to the extent of 1/4 share. Shares of the parties were not disputed and preliminary decree was passed accordingly. On 12-12-1987 lots were prepared. Prabhu son of Pola filed objection stating that the either lots prepared in green colour or red colour be given to him. The plaintiff filed objection that he had been in possession mainly over the plots which had been allotted in the qurra shown in green colour and hence lots shown in green colour be given to him. The trial Court passed an order confirming the lots as prepared on 12-12-1987. Against this order an appeal was filed by Dashrath. The learned Additional Commissioner allowed the appeal and modified the order of the trial Court directing that qurra shown in green colour be allotted to the plaintiff and the qurra shown in red colour to Ishwar son of Pola. Feeling aggrieved by this order the present second appeal has been filed.

(3.) THE trial Court had allotted lots by lottery. A perusal of the record reveals that Dashrath had specifically claimed to be in possession over the land which had been shown in green colour. Ishwar son of Pola had filed an objection stating therein that he had no objection if either of the lots shown in green or red colour be given to him. The learned Additional Commissioner considered the facts and circumstances of the case and found that the lots prepared by the Lekhpal were in confirmity with the rules on the subject. According to him, Dashrath should have been given the lots shown in green colour as he had been in possession over the land included in this lot. He also found that the qurra shown in red colour should have been allotted to Ishwar son of Pola. The learned Additional Commissioner passed an order after considering the material on record. I do not find any illegality in his order. In the circumstances of the case the qurras allotted by the learned Additional Commissioner are correct. I do not see any ground to interfere in the this second appeal.