CHHEDI LAL Vs. SHYAM LAL

JUDGEMENT

(1.) THIS is a second appeal preferred against the order dated 5-10-2002 passed by Additional Commissioner, Allahabad Division, Allahabad arising out of suit under Section 176 of the UPZA and LR Act decided by SDO Soraon District Allahabad.

(2.) BRIEFLY stated the facts of the case are that a suit under Section 176 of the UPZA and LR Act was instituted in the Court of SDO Soraon District Allahabad whereby a partition of plots as detailed down at the foot of the plaint were sought by Shyam Lal son of Mahadeo resident of Akberajpur Pargana Nawabganj Tehsil Soraon District Allahabad. By way of the said partition suit Shyam Lal and Chhedi Lal being real brothers half shares were claimed. On issuance of notices written statements were filed by Chhedi Lal. Then after SDO proceeded in the matter, lots were prepared which were objected by Chhedi Lal by way of filing objections whereby it was contended that Shyam Lal and Chhedi Lal were real brothers and they should be given their shares to each plots. After considering the lots were prepared by Lekhpal dated 10-3-2002 and the objections raised in respect thereof by Chhedi Lal the SDO Soraon by its order dated 31-7-2002 confirmed the above prepared lost. Aggrieved by the said order the first appeal was preferred before the Commissioner Allahabad as mentioned above who dismissed the same. Hence the present second appeal.

(3.) THE learned Counsel for the appellant mainly submitted that Shyam Lal and Chhedi Lal were real brothers hence they should get their shares on each plots. By way of allotting plot No. 121 to Shyam Lal and plot No. 1032 to Chhedi Lal the trial Court committed error, that there was no signature of the Presiding Officer on the statement giving by Lekhpal; that there was no continuity in maintaining the order-sheet by the trial Court. The learned Counsel for the appellant narrated the entire history of the case.