TASAWWAR KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) THIS is a second appeal preferred against the judgment and decree dated 7-5-1998 passed by learned Additional Commissioner, Bareilly Division, Bareilly arising out of a suit under Section 229-B of the U.P.Z.A. and L.R. Act heard and decided by A.S.D.O. Bareilly vide order dated 14-2-1991.

(2.) BRIEFLY stated the facts of the case are that Tasawwar Khan instituted a suit under Section 229-B of the U.P.Z.A. and L.R. Act for declaration of bhumidhari rights in respect of plots No. 343, 345 and 348 situate in village Ghatgaon Pargana Lahi Tehsil Beheri District Bareilly on the grounds that his name has wrongly been entered in Ziman 3, that he acquired rights in succession that during consolidation the name of his father was recorded as sirdar; that Amaldaramad was affected upon in respect thereof, that during consolidation proceedings his name was recorded in C.H. 23 and C.H. 45. It was on issuance of notices the suit was contested by State and Gaon Sabha by way of filing written statement where by it was stated that the suit in question being barred by Section 49 of U.P.C.H. Act. It was further stated that the appellant's father was never recorded as tenant of the land in dispute during consolidation operations.

(3.) AFTER evaluating the evidences advanced in the matter the trial Court vide its order dated 14-2-1991 decreed the suit. Aggrieved by the said order the first appeal was preferred by State of U.P. and Gaon Sabha Pradhan which has been heard and decided vide Additional Commissioner's order dated 7-5-1992 which is now under challenge before the Board and is being heard by this Court.