SARASWATI DEVI Vs. DURGA PRASAD

JUDGEMENT

(1.) THIS is a second appeal preferred against the order dated 24-9-1996 passed by learned Additional Commissioner, Allahabad Division, Allahabad whereby the matter has been remanded to the trial Court for fresh hearing in accordance with the directions made by the learned Additional Commissioner.

(2.) BRIEFLY stated the facts of the case are that a suit under Section 176 of the U.P.Z.A. and L.R. Act was instituted for division of shares in respect of plots as detailed down at the foot of the plaint situated in village Ganaideeh Pargana and Tehsil Patti District Pratapgarh. On issuance of notices in respect of plots of preliminary decree the objections were preferred by the other side and ultimately after hearing the parties the order dated 7-8-1995 was passed by Additional S.D.O. Pratapgarh. 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 as mentioned above against which aggrieved parties are in second appeal before the Board and the same is being heard by this Court.

(3.) THE learned Counsel for the appellant mainly submitted that the decided shares are admitted by the parties, that lots prepared by the Advocate Commissioner ought to have been accepted. In the first appeal the learned Additional Commissioner erred in law in not accepting the Advocate Commissioner's report; that the lots allotted to the share-holders taking into account their convenience that the Advocate Commissioner's report was in accordance with law and with the consent of the parties and that the matter ought not to have been remanded to the trial Court.