PARAM SINGH Vs. YASHPAL

JUDGEMENT

(1.) THIS is a second appeal preferred against the judgment and decree dated 11-10-1995 passed by the learned Additional Commissioner, Moradabad Division, Moradabad in Appeal No. 72 of 1994-95, affirming the judgment and decree dated 18-11-1992 passed by the learned trial Court in a suit under Section 229-B of the U.P.Z.A. and L.R. Act (hereinafter referred to as the Act).

(2.) BRIEFLY stated, the facts, giving rise to the instant second appeal are that the plaintiff, Puran instituted a suit under Section 229-B of the Act for declaration of his rights as co-tenant alongwith the defendants 1 to 4. The defendant contested the case, denying the allegations. The learned trial Court, after completing the requisite trial, decreed the suit of the plaintiff. Aggrieved by this decree, the defendant went up in first appeal before the learned Additional Commissioner which was dismissed and the judgment and decree, passed by the learned trial Court were maintained. It is against these orders that the instant second appeal has been preferred by the defendant before the Board.

(3.) I have closely and carefully considered the arguments advanced before me by the learned Counsel for the parties and have also perused the record, on file. A bare perusal of the record clearly reveals that after completing the requisite trial, the learned trial Court came to the conclusion that the property in dispute was ancestral, that the possession of one co-tenant is the possession of all; that the possession of the plaintiff as co-tenant on the land in dispute was proved; that the suit of the plaintiff was not barred by the provisions of Section 49 of the UPCH Act and therefore, decreed the suit of the plaintiff. The learned Additional Commissioner has concurred with the findings recorded by the learned trial Court after discussing the matter, in question and dismissed the appeal filed by the defendant.