LAWS(ALL)-2005-10-202

FIDA HUSAIN Vs. GENDAN LAL ETC.

Decided On October 21, 2005
FIDA HUSAIN Appellant
V/S
Gendan Lal etc. Respondents

JUDGEMENT

(1.) FIDA Husain has filed this second appeal against the judgment and decree dated 25-6-2002 passed by learned Additional Commissioner Bareilly Division.

(2.) BRIEFLY , the facts of the case are that Gendan Lal filed a suit under Section 229-B of the U.P.Z.A. and L.R. Act against the defendants. Fida Husain and others, before the trial Court. The learned trial Court after taking evidence of the parties, dismissed the suit of the plaintiff. Aggrieved by this order, Gendan Lal preferred an appeal before the Commissioner, Bareilly Division and the learned Additional Commissioner, allowed the appeal on the ground that there are two entries in C.H. Form 45. One entry is in the name of Fida Husain and the other one is in the name of Firdaus Ali, but the chak carvation is in favour of plaintiff-respondent which is proved by C.H Form 23 and his possession is continuous on the land in dispute. He has quoted Certain authorities and the entires of different nature of C.H. Form 45 by which he did not agree and allowed the appeal by reversing the judgment and decree passed by learned trial Court. In my opinion, the learned Additional Commissioner, has given a very elaborate and will discussed judgment which does not suffer from any material irregularity or illegality. Hence no interferenceineeded at this stage.