IMRAT SINGH Vs. RAM SINGH

JUDGEMENT

(1.) N. S. Ravi, J. This second appeal has been filed against the judgment and decree dated 29-6-1995 passed by learned Additional Commissioner, Jhansi Division in Appeal No. 152/14 of 92-93 by which order the judgment and decree passed by trial Court in Suit No. 31/90-91 under Section 229-B of the U. P. Z. A. and L. R. Act has been set aside.

(2.) FROM the records of the case it appears that the appellant Chaturbhuj filed a declaratory suit before the S. D. O. Talbehat District Lalitpur in relation to Plot No. 3213/0. 20 acre, 3452/0. 16 acre 3453/0. 03 acre and 654min/o. 20 acre, on the basis that in the revenue records the name of the appellant was recorded alongwith fathers of the respondents upto 1362-F but due to some mistake or connivance his name was deleted in 1363 to 1365-F. The learned trial Court after examining the evidence on record and the oral evidence adduced, partially decreed the suit. Against this order of the trial Court first appeal was preferred before the Commissioner Jhansi Division by the respondents Ram Singh and others which was allowed by order dated 29-6-1995. The Instant second appeal has been filed against this impugned order by Chaturbhuj.

(3.) THE copy of the will which is a registered document, is a material evidence which should have been taken into account by the trial Court is well as the first appellate Court. THErefore in the interest of justice it will be in the fitness of things that this material document is examined at the level of trial Court.