MADHULIKA/HEMANT KUMARI Vs. SHASHIPAL SINGH

JUDGEMENT

(1.) SMT . Madhulika has filed second appeal under Section 331 of the UPZA and LR Act against the judgment and decree passed by learned Additional Commissioner, Kanpur Division, dated 6-1-2000.

(2.) BRIEFLY the facts of the case are that plaintiff-respondent filed a suit under Section 229-B of the UPZA and LR Act before the learned trial Court. The learned trial Court after due perusal of the oral as well as documentary evidence dismissed the suit of the plaintiff-respondent against which an appeal was filed before the Commissioner Kanpur. The learned Commissioner after due consideration of the evidence on record allowed the appeal and set aside the judgment and decree passed by the learned trial Court. Hence this second appeal.

(3.) THE learned Counsel for the defendant-appellate argued that under Section 157 of the UPZA and LR Act the widow land is protected and nobody can perfect his rights on the basis of adverse possession of the land belonging to the widow. Even no PA 10 was issued. The compliance of Para A-80 and A-81 of Land Records Additional Commissioner ignoring these facts allowed the appeal which is against the provisions of law.