RAM DAYAL Vs. MST. MANA

JUDGEMENT

(1.) This second appeal against the judgment and order dated 22.4.1976 by the learned Additional Commissioner, Faizabad Division, Faizabad, arising out of the proceedings under Sec. 134 of the U.P.Z.A. and L.R. Act decided on 17.4.1975 by the learned trial court, has been filed by Ram Dayal son of Rameshwar applicant in the said proceedings.

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

(3.) The proceedings for issue of sanad bhumidhari started on the application of Ramesh war dated 27.12.1974 along with the deposit of 20 times rent. Smt. Mana alleging to be the widow of Raghubar predeceased son of Ramesh war alleged that Rameshwar had already expired on 24.12.1974 and that certain persons had fraudulently deposited the amount in support of a fictitious sale-deed. The present appellant Ram Dayal is the son of Rameshwar who supported the application of Rameshwar saying that Rameshwar had expired on 2.1.1975. The learned trial court vide its order dated 17.4.1975 relied on the objection of Smt. Mana and deposited the proceedings without any order for issue of sanad bhumidhari. Thereafter Rain Dayal filed the first appeal which was filed with a delay of 136 days and the delay was explained on the basis of his illness for which an affidavit was filed. A counter-affidavit was filed by Smt. Mana. The learned Additional Commissioner decided that the reasons for delay were not satisfactory and the first appeal was dismissed as time-barred on 22.4.1976.