SAHENSAR PAL Vs. SRI BHIM SEN

JUDGEMENT

(1.) AN application by way of Second Appeal was moved in this Court on 18-3-1996 against the order of Additional Commissioner dated 11-12-1995 in Appeal No. 110/94-95 confirming the judgment and decree passed by Additional Sub Divisional Officer on 28-9-1993.

(2.) THE facts, in brief are as follows. A suit was filed under Section 182 of UPZA and LR Act by one Bhimnsen in the trial Court for Making of 'Kurre' on the basis of judgment passed on 10-1-1992. The 'Kurre' were filed by the Lekhpal which were contested by the OPs. The trial Court after hearing all the parties, confirmed the 'Kurre'. An appeal was filed against this order in the Court of Additional Commissioner. The Additional Commissioner dis-allowed the appeal. The Second Appeal has now been filed against the order of the Additional Commissioner.

(3.) THE appellant has also indicated that the trial Court had wrongly registered the suit under Section 182 of the UPZA and LR Act. Even for the sake of agreement it is admitted that the section mentioned was a wrong one, no injustice has been handed down to the parties as the case was considered purely on merits. However, no such issue was raised in the Courts below.