JHUMMAN Vs. GAON SABHA

JUDGEMENT

(1.) THIS is second appeal preferred against the judgment and decree dated 16-1-2000 passed by Additional Commissioner, Meerut in Appeal No. 81 of 1999 allowing the appeal and setting aside the judgment and order dated 17-4-1999 passed by Tahsildar Mowana district Meerut in Case No. 18/29 of 1997 under Section 186 of the U.P.Z.A. and L.R. Act.

(2.) BRIEFLY the facts of the case are that on the report of Revenue Inspector proceedings under Section 186 of the Act were initiated and notice was issued to the opposite-party. No objection was filed by the opposite party hence the trial Court passed an order to the effect that the land would vest in Gaon Sabha and the name of the opposite party would be struck down from the revenue records. On 25-1-1995 opposite party moved a restoration, on which the trial Court on 17-4-1999 again passed an order to the effect that in place of Gaon Sabha the name of opposite party be incorporated in revenue records over the land in dispute. Aggrieved by the order dated 17-4-1999 Gaon Sabha and State of U.P. filed an appeal before Commissioner, Meerut Division, Meerut. Addl. Commissioner vide his judgment and order dated 16-1-2000 remanded the matter to the Trial Court for disposal in accordance with law. The present second appeal has been filed against the order of remand dated 16-1-2002.