EWAZ SINGH Vs. JADU NATH SINGH ETC.

JUDGEMENT

(1.) BY the Court. - This is a second appeal preferred against the judgment and decree dated 26-12-1978 passed by Additional Commissioner, Bareilly Division, Bareilly arising out of a suit under Section 176 of the U.P.Z.A. and L.R. Act heard and decided by S.D.O. Shahjahanpur vide order dated 30-9-74.

(2.) BRIEFLY facts of the case are that a suit under Section 176 of the U.P.Z.A. and L.R. Act was instituted in the Court of S.D.O. Shahjahanpur in respect of khatas as detailed down in the plaint. By way of the said suit the plaintiff-appellant claimed 1/3rd right in the property. On issuance of notice the respondent defendants contested the suit by way of written statement whereby several pleas were taken and one of them being with regard to principle of res-judicata. On the pleadings of the parties the three issues were framed by the trial Court after taking documentary and oral evidences produced by the contesting parties in support of their claims. The trial Court decreed the suit declaring 1/4th share of the plaintiff appellant over the land in dispute vide impugned order. Aggrieved by the aforementioned order of the trial Court plaintiff appellant preferred first appeal before the Commissioner Bareilly Division, Bareilly wherein the aforesaid order and decree has been passed by the learned Additional Commissioner, which is under challenge before the Board in Second appeal.

(3.) THE learned Counsel for the appellant mainly submitted that the learned Additional Commissioner, passed the order without taking into account the relevant facts and law, that the plaintiff appellant was not given opportunity to adduce evidence in respect of delay condonation, that the points involved in the matter has not been properly discussed and a decision to the effect has not been rightly taken in first appeal hence the order should be quashed.