DEEWAN SINGH Vs. SHYAM SINGH

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree dated 18-5-1999 passed by the Additional Commissioner, Agra Division, in an appeal filed against the judgment and decree dated 18-8-1994/23-8-1994 passed by the trial Court in a suit under Section 176 of U.P.Z.A. and L.R. Act.

(2.) BRIEFLY stated the facts of the case are that the plaintiff Roshal Lal filed a suit under Section 176 of U.P.Z.A. and L.R. Act against the defendants, Deewant Singh and others, on the ground that he has get 1/15th share ever the disputed plot No. 220 area 5-12-5 situate at village Himayupur, Tahsil and District Firozabad alongwith them as such, his share be partitioned. The then SDO ordered on 12-5-1994 to Lekhpal for submitting lots as mentioned in the plaint; the Lekhpal submitted the lots on 10-6-1994. Against this objection was filed on behalf of defendants that the lots were not prepared in accordance with law. The trial Court after hearing to the parties and considering the evidence on records accepted the lots by its order dated 18-8-1994. Against this very order an appeal was filed before the Commissioner, Agra Division, which has heard and decided by the Additional Commissioner, Agra on 18-5-1999 whereby he has dismissed the appeal. Feeling aggrieved by this order the present second appeal has been preferred before the Board and hence, this second appeal.

(3.) THE learned Counsel for the appellant submitted that the lots have not been made in accordance with the rules made therefor and that the possession has not been taken into consideration and as such, the second appeal be allowed and the impugned orders passed by the Courts below be set aside. In reply, it is submitted that the lots have been prepared after following all the formalities as well as the possession of the parties have also been considered and hence both the Courts below have rightly passed the impugned orders which must be sustained and the second appeal be dismissed.