K.D.A. Vs. PRAYAG NARAIN

JUDGEMENT

(1.) KANPUR Development Authority has filed this second appeal under Section 331 of the UPZA and LR ACT against the judgment and decree dated 7-10-99 passed by Commissioner, Kanpur Division.

(2.) PRAYAG Narain and others filed a suit under Section 229-B of the UPZA and LR Act before the learned trial Court. The learned trial Court after framing the issues and evaluation of oral as well as documentary evidence dismissed the suit of the plaintiff. Aggrieved by this order an appeal was preferred before the Commissioner Kanpur Division. The learned Commission after due consideration of the evidence on record allowed the appeal, set aside the order passed by the learned trial Court. The name of Ganga Narain was deleted by the order of Commissioner Kanpur dated 7-10-99 and the name of Prayag Narain and others were allowed to be recorded. Aggrieved by this order Kanpur Development Authority has preferred this second appeal.

(3.) I have heard the learned Counsel for the appellant and gone through the records carefully.