ZUBAIR AHMAD Vs. ALI HUSSAIN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 8-4-85 passed by learned Additional Commissioner, Faizabad Division, Faizabad allowing the appeal and setting aside the order dated 2-11-82 passed by the trial Court in a case under Section 229-B of the U.P.Z.A. and L.R. Act.

(2.) BRIEF facts of the case is that a suit under Section 229-B of the U.P.A. and L.R. Act was filed by Zubair Ahmad etc. against Ali Hussain etc. on the ground that the disputed land was obtained by both the parties in an action proceeding, but only the name of the defendants were recorded. After hearing both the parties the trial Court vide his order dated 2-11-82 has decreed the suit and Zubair Ahmad, Ali Jan and Defendant No. 1 were held to be the co-bhumidhars to the extent of 1/3 share each. Being aggrieved by this order first appeal as preferred before the learned Additional Commissioner. The learned Additional Commissioner vide his order dated 8-4-85 has allowed the appeal filed by the respondents. Being aggrieved by this order this second appeal has been filed by Zubair Ahmad etc.

(3.) IT has been argued by the learned counsel for the appellant that auction proceedings were finalised in the name of Ali Hassan defendant but earnest money and the amount of bid was deposited by both the appellants and respondents. The receipts have been filed regarding the earnest money. This amount of Rs. 2025/- was jointly deposited by Ali Hussain son of Haji IIahi, Ali Jan son of Hasnoo and Zubair Ahmad son of Qamaruddin and bid amount of Rs. 6075 was deposited vide Book No. 3429 Receipt No. 26 dated 8-7-76 by Ali Hassan, Ali Jan and Zubair Ahmad. When the earnest money was jointly deposited by the plaintiff and defendants and the bid money was also jointly deposited. It has also been argued that the finding of fact recorded by the trial Court has been wrongly reversed by the appellate Court.