MUNIR BUX Vs. NATHOO

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree dated 3-8-99 passed by the Additional Commissioner, Bareilly Division, arising out of suit under Section 229-B of U. P. Z. A. & L. R. Act, heard and decided by the trial Court on 31-1-1998.

(2.) BRIEFLY the facts of the case are that a suit under Section 229-B of Z. A. & L. R. Act was instituted on pleadings that the plot Nos. detailed down at the foot of the plaint having an area of 2. 356 hectare, situate in village Kura, pergana Puwayan, District Shahjahanpur is the ancestral property of plaintiffs and defendants and both are in possession. A pedigree of the family has also been given in the plaint. It is alleged that during the consolidation for want of one or other reasons the disputed plots were entered in a sole tenancy of the defendants and as the plaintiffs denied their right and hence they Instituted a suit wherein after hearing both the parties, the trial Court framed four issues for decision on the point at dispute. After taking evidences the trial Court recorded its finding on each and every issue and after evaluating the evidence advanced by the parties the trial Court came to the conclusion that the disputed land being the ancestral one and the parties being on the same lineage have co-tenancy right over the same and finally decreed the suit, vide the order dated 31-1-98. On being aggrieved by the said order of the trial Court, first appeal was preferred before Commissioner, Bareilly Division Bench has been heard and decided, vide the Additional Commissioner's order dated 3-8-99 whereby the trial Court's order has been reversed. Against this order, the instant second appeal has been preferred before this Court and the same is being heard by this Court. Despite proper notices upon the respondents non appeared to put up their case in the Board so ex parte, hearing was ordered and the second appeal is being heard ex parte.