ASHARFI LAL Vs. HARI DASS

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 22-12-99 passed by learned Additional Commissioner Chitrakoot Dham, passed in 296/196 of 1998-99 arising out of proceedings for the preparation of final decree in a suit under Section 176 of the UPZA and LR Act.

(2.) BRIEFLY the fact of the case are that the trial Court prepared lots, Hari Dass filed an appeal before the learned Addi­tional Commissioner challenging the cor­rectness of the lots on the ground that the Lekhpal had prepared them in contraven­tion of the provisions of the rules on the subject. The learned Additional Commis­sioner reversed the decree passed by the trial Court dated 28-4-95/25-6-99 and con­firmed the lots as prepared by the Lekhpal on 2-9-93/24-9-93 against which the present second appeal has been filed.

(3.) THE learned Counsel for the appel­lant submitted that the learned Additional Commissioner has acted illegally in con­firming the lots as prepared by the Lekhpal on 2-9-93/24-9-93 and has erred in law in passing the decree.