SARDAR SINGH Vs. NARAIN SINGH

JUDGEMENT

(1.) This is a second appeal against the judgment and decree dated 4.1.78 passed by Additional Commissioner, Bareilly Division upholding the judgment and decree of the trial court in a case under Sec. 176 of the U.P.Z.A. and L.R. Act.

(2.) I have heard the learned counsel for the parties and perused the record.

(3.) The learned counsel for the appellant has pressed the second appeal only on two points. Firstly that the plaintiff respondent no. 1 had not claimed any compensation in regard to tube well located in the land in dispute and hence both the trial court and the lower appellate court have erred in allowing the compensation to the plaintiff-respondent no. 1 and secondly, that the question of compensation in respect of a tube well cannot be decided by a revenue court in a suit of partition. In this context, he has cited the case Laxmi Chand Vs. Mukhram, 1973 R.D. 144.