VEERMATI Vs. TEJVIR SINGH

JUDGEMENT

(1.) THIS second appeal is directed against the judgment dated 9-3-1999 passed by the Additional Commissioner, Agra Division, whereby he has dismissed the appeal and confirmed the order dated 31-3-98 of the trial Court.

(2.) ON being called out the case, the Counsel for the appellant is absent while the Counsel for the otherside is present.

(3.) FROM the perusal of file and hearing to the argument I find the main issue involved in the present case is whether the exchange of land of Deep Shikha Gramin Nirman Samiti under Section 161 of U.P.Z.A. and L.R. Act with the Gaon Sabha is legal and valid or not? The trial Court as well as the lower appellate Court have passed the aforesaid orders after considering the substantial facts and the evidences on record. The appellants' case that they being co-tenants they create joint interest in the exchanged land is not tenable as no part of their land has been affected by the exchange of the land in question. Also the valuation of the land does not exceed more than 10% and therefore, this Court is of the opinion that there is no ground for intervention in the order passed by the learned Additional Commissioner dated 9-3-1999. In the circumstances, I find the appeal bears no merit and deserves to be dismissed. In the result, the second appeal fails and is hereby dismissed and the impugned order dated 9-3-1999 is hereby upheld and sustained. Appeal dismissed.