RAJKALA Vs. SHANKER LAL

JUDGEMENT

(1.) THIS second appeal has been filed against the order dated 5-4-97 passed by learned Additional Commissioner, Faizabad by which the learned Additional Commissioner has dismissed the appeal filed against the order of the trial Court dated 26-2-79.

(2.) BRIEF facts of this case is that Smt. Dharma and Mst. Rajkala have filed a suit under Section 229-B of the U.P.Z.A. and L.R. Act regarding the disputed plot on the ground that they are the daughters of Mst. Jagdei recorded tenure holder. Mst. Jagdei died in the year 1974 and they are the heirs of deceased Mst. Jagdei. The learned trial Court vide his order dated 26-2-79 has dismissed the suit. Being aggrieved by the order of the learned trial Court first appeal was filed which was also dismissed on 5-4-97. Being aggrieved by this order Mst. Rajkala and Chunni Lal have filed a second appeal before the Board of Revenue.

(3.) IT has been argued by the learned counsel for the appellant that they are the daughters of deceased Mst. Jagdei and they have also given a pedigree. It has also been argued by the learned counsel for the appellant that their witnesses have proved that they are the daughters of Mst. Jagdei and the affidavit filed by Sri Bandhu also shows that Mst. Rajkala and Dharma are the daughters of Mst. Jagdei. It has also been argued that the statement which was recorded before Additional Munsif also shows that Mst. Dharma and Mst. Rajkala are the daughters of Mst. Jagdei.