OM PRAKASH Vs. DAYA RAM

JUDGEMENT

(1.) HEARD Dr. V.K. Singh, learned Counsel for the appellants and Mr. Siraj Ahmad Khan for respondent Nos. 1 and 2 and perused the record. This Second Appeal has been filed against the judgments and orders dated 16.5.2013 and 31.5.2013 passed by the Additional District Judge, Faizabad in Civil Appeal No. 193 of 2012 upholding the judgment dated 23.11.2012 and decree dated 11.12.2012 passed by the Civil Judge, Haveli, (Junior Division), Faizabad in Regular Suit No. 362 of 2003 (Om Prakash and another v. Daya Ram and another).

(2.) LEARNED Counsel for the appellants submits that both the Courts below have failed to appreciate that the Tehsildar, Tehsil Beekapur, District Faizabad had dismissed the suit filed under section 122B of U.P.Z.A. and L.R. Act relating to Plot Nos. 192 and 193 and have committed gross error in recording that the judgment of the Tehsildar does not show the plot number and area.

(3.) SUBMISSION is that under Rule 115 -C of U.P.Z.A. and L.R. Rules, it is the duty of the Lekhpal to report illegal occupation of any Gaon Sabha land alongwith plot number and area to the Tehsildar at least twice in a year. It is also submitted that once the proceedings under section 122B of U.P.Z.A. & L.R. Act have been rejected the matter has become final and both the Courts below have committed error in drawing presumption under section 114 of the Evidence Act against the plaintiffs/appellants.