ATIBAL SINGH Vs. HAUSILA PRASAD SINGH

JUDGEMENT

(1.) THIS second appeal preferred against the judgment and decree dated 29-1-99 passed by the Addi­tional Commissioner, Faizabad Division, Faizabad, arising out of a suit under Sec­tion 229-B of UPZA and LR Act.

(2.) 1 have heard the learned Counsel for the parties at length and have gone through the relevant paper on file.

(3.) BOTH the Counsel narrated the his­tory of the case during the course of argu­ment. The perusal of file shows that a suit under Section 229-B of UPZA and LR Act was instituted in respect of the property as detailed down at the foot of the plaint ; during the course of the hearing an ap­plication under Section 229-D of UPZA and LR Act was moved for restraining the parties from disposal of the land in suit. The trial Court by its order dated 26- 1 1 -97 restrained the parties from disposing and selling out the hind in dispute in respect of which another application was moved whereby the order dated 26-11-97 was sought to be revised which was heard by the trial Court and order dated 30-11-98 was passed whereby the said application was dismissed and the order dated 26-11-97 was confirmed. Against the said orders, first appeal was preferred before the Com­missioner, Faizabad Division, and the same has been decided vide the Additional Commissioner's order dated 29-1-1999 which is under challenged in second ap­peal before the Board.