TULSI RAM Vs. GAON SABHA

JUDGEMENT

(1.) THIS second appeal has been filed under Section 331 of the UPZA and LR Act by Tulsi Ram against the judgment and decree dated 29 -7 -97 passed by learned Additional Commissioner, Kanpur Division.

(2.) BRIEFLY stated the facts of the case are that plaintiff -appellant filed a suit under Section 229 -B of the UPZA and LR Act before the learned trial Court claiming non -transferable bhumidhari rights on the basis of allotment by the Gaon Sabha and thereafter on the basis of long standing possession over the land in dispute. The learned trial Court after due consideration of the evidence on record dismissed the suit of the plaintiff -appellant against which an appeal was preferred before the Commissioner Kanpur Division. The learned Additional Commissioner also dismissed the appeal by confirming the judgment and decree passed by the learned trial Court. Hence this second appeal.

(3.) THE Counsel for the plaintiff -appellant argued that the land in dispute was given for Hariyali patta by the Gaon Sabha and since then the land has not been taken back by the Gaon Sabha and he is continuing in possession over the land in dispute and has perfected his rights as bhumidhar with non -transferable rights but both the Courts below did not consider this fact and dismissed the claim of the plaintiff -appellant. Hence the order of both the Courts below should be set aside the appeal be allowed.