RAM NIRANJAN Vs. SABHAPATI

JUDGEMENT

(1.) THIS second appeal has been filed against the order of the learned Additional Commissioner dated 28-9-1989 by which the learned Additional Commissioner has dismissed the appeal filed by the present appellants.

(2.) BRIEF facts of this case is that a suit was filed by Sabhapati under Section 229-B of the U.P.Z.A. and L.R. Act on the ground that the plaintiff and defendants were the co-tenants of the disputed land, the names of the plaintiff and defendants were recorded before the consolidation but due to mistake the entries in the name of the plaintiff were left without any order. The suit was decreed on 12-8-88 by the trial Court. Being aggrieved by this order first appeal was filed before the learned Additional Commissioner which was dismissed. Hence the present second appeal.

(3.) IT has been argued by the learned counsel for the appellant that suit was barred under Section 49 of the U.P. C.H. Act and the disputed plot was Abadi on the spot.