UMRAO SINGH Vs. MALKHAN

JUDGEMENT

(1.) THIS is second appeal under Section 331 (4)of the UPZA & LR Act ( here in after referred to as 'the Act'), preferred against the judg­ment and order, dated 30-1 1-1999, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order, dated 30-7-1999, passed by the learned trial Court, in a suit under Section 176of the Act.

(2.) BRIEF and relevant facts of the case are that the plaintiff, Umrao Singh in­stituted a suit under Section 176of the Act against the defendant, Malkhan Singh and the Gaon Sabha, concerned, with the prayer that the lots in respect of his 1/2 share, in the suit land, as detailed at the foot of the plaint be partitioned. During the pendency of this suit, an application on behalf of the plaintiff was moved under Section 151 CPC to set aside the order, dated 26-12-1997. The learned trial Court, by means of its order dated 30-7-1999, passed an order to the effect that the lots be prepared on the basis of possession by the Lekhpal, concerned. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has dis­missed the appeal on 30-11-1999. Hence this second appeal.

(3.) I have closely and carefully ex­amined the submissions, made by the learned Counsel for the parties and the relevant records, on file. On a close scrutiny of the records, it is crystal clear that the learned Additional Commis­sioner has examined the points at issue, in correct perspective of law. The learned trial Court, by means of its order, dated 30-7-99 has advanced the substantive natural justice between the parties, by or­dering the Lekhpal, concerned to file lots on the basis of possession. In the facts and cir­cumstances of the instant case, I find that none of the parties should feel aggrieved against this order, dated 30-7-1999, as the Lekhpal, concerned has been directe dt of ilc the lots, on the basis of possession of the par ties, over the suit land. The learned lower appellate Court has rightly dismissed the appeal and upheld the order, passed by the learned trial Court. The parties would be at liberty to avail of the opportunity to file their objections against the lots, in respect of the suit land and the learned trial Court shall afford a reasonable and due opportunity of filing objection and hearing, there on. Having closely examined the matter in question, 1 find no illegality or material irregularity, on the face of the record, com­mitted by the learned Courts, below, so as to warrant any interference, by this Court, in this second appeal.