SATYA NARAIN Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a second appeal preferred against the judgment and decree dated 29-9-1995 passed by the learned Additional Commissioner Allahabad Division, Allahabad whereby the order passed by the trial Court dated 17-6-1994 has been upheld.

(2.) BRIEFLY stated the facts of the case are that a suit under Section 229-B of the UPZA and LR Act was instituted in the Court of SDO Phulpur District Allahabad in respect of Plot No. 747 area 2.9.0 situate in village Dalapur Pargana Jhusi District Allahabad where by plaintiffs claimed bhumidhari rights as grove-holders of the land in suit. On receipt of plaint the notices were issued to the defendant-respondents and in response thereof State and Gaon Sabha filed a written statement whereby claims of the plaintiffs were denied and it was further stated that the land in dispute was in the shape of grove on the date of vesting i.e. 1-7-1952. The SDO Phulpur proceeded in the matter and the dates were being filed for producing evidences by plaintiffs in support of their claims. As they filed to produce evidences the trial Court proceeded to pass final orders on 17-6-1994 whereby the suit of the plaintiffs stood dismissed. Aggrieved by the said order first appeal was preferred before the Commissioner Allahabad Division, Allahabad which has been heard and decided vide Additional Commissioner's order dated 29-9-1995. It is against this order of the Additional Commissioner that the second appeal preferred before the Board and the same is being heard by this Court.

(3.) THE learned Counsel for the appellant mainly submitted that the appellants were in possession of the land in dispute since long time and they were the grove-holders of the same. Hence they should be declared as bhumidhari of the land in dispute. It has further been submitted on behalf of the plaintiff that the trial Court as well as the lower appellate Court did not consider the evidences advanced in respect of their claims and in this connection my attention has been attracted towards the order-sheet dated 17-6-1994 which is not signed by any Presiding Officer.