RAGHUBIR Vs. RAMDEO

JUDGEMENT

(1.) THIS is a second appeal under Section 331 of the UPZA & LR Act (hereinafter referred to as the Act), preferred against the judgment and decree, dated 22-1-1986/30-1-1986, passed by the learned Additional Commissioner, Jhansi Division, Jhansi in appeal Nos. 209/216/100 of 1984-85/Banda, arising out of the judgment and decree, dated 8-6-1982, passed by the learned trial Court, in a suit under Section 229-B of the Act.

(2.) BRIEFLY stated, the facts, giving rise to the instant second appeal are that the plaintiff, Ramdeo, instituted a suit under Section 229-B of he Act against the defendants, Raghubir etc., for declaration of his rights as bhumidhar of the land, in dispute and for expunction of the name of the defendant No. 1 from the revenue records, inter alia, pleading that since the plaintiff was shikmi tenant of the land, in dispute, prior to the abolition of zamindari, he become its adhivasi, and thereafter bhumidhar after the abolition of the same, by prescription of law and the defendant No. 1 has nothing to do with it. Summons could not be served upon the defendant No. 1, as it was reported that he did not live in the village, concerned, but lived at Gorakhpur. The Gaon Sabha, concerned and the State did not contest the suit of the plaintiff. The learned trial Court, after completing the requisite trial, dismissed the suit of the plaintiff, vide his judgment and decree, dated 8-6-1982, against which an appeal was preferred by the plaintiff before the learned Additional Commissioner, who has allowed the same and decree his suit, vide the judgment and decree, dated 22-1-1986/30-1-1996 and therefore, it is against this judgment and decree that the instant second appeal has been preferred by the defendant before the Board.

(3.) I have closely and carefully considered the arguments, advanced before me by the learned Counsel for the parties and have also scanned the relevant records, on file. On the pleadings of the parties, concerned, the following substantial questions of law emerges out for decision, in the instant second appeal: