NARENDRA AND OTHERS Vs. RAJBIR SINGH AND OTHERS

JUDGEMENT

(1.) This second appeal is against the judgment and decree dated 15.6.1981 in Appeal No. 385 of 1979 delivered by learned Additional Commissioner, Meerut.

(2.) The counsel for the appellants as also the respondent have ably argued their cases. Relevant documents have been perused.

(3.) The facts are: Narendra Singh filed a suit under Sec. 176, U.P. Z.A. & L.R.Act. The final decree was passed by Assistant Collector First Class on 6.8.1979. Rajbir Singh preferred an appeal. The appeal was dismissed by the order dated 17.12.1981. The main controversy was regarding small patch of Abadi land on the southern side adjacent to the land allotted to Narendra Singh. The appeal was dismissed with the observation that the appellant has no justifiable claim as he has residential plot elsewhere. After the order dated 17.2.1981, the appellant, Rajbir Singh, filed another application on 15.6.1981 with the prayer that the appeal be decided on merits and he would not adopt any rigid attitude with reference to his demand. The learned Additional Commissioner has observed that Rajbir Singh would be satisfied if a small strip of 10 Ft. breadth is given to him on the southern side of land allotted to Narendra Singh. The learned Additional Commissioner has also stated that the respondents do not have any objection to the revised proposal. Based on these observations, the appeal was allowed and revised lots have been declared by the order dated 15.6.1981 of the learned Additional Commissioner, thus, amending the final decree dated 6.8.1979.