KISHAN LAL Vs. RAM SAHAY

JUDGEMENT

(1.) HIMANSHU Kumar A suit filed under Section 229-B of U. P. Z. A. and L. R. Act, by Kishan Lal and others was dismissed by the SDO by his order dated 10-7-1987 with the finding that the suit was bared by Section 34 (5) of L. R. Act, under Section 49 of U. P. C. H. Act and Section 80 CPC. An appeal filed against that order was dismissed by the learned Additional Commissioner, Agra Division, on the grounds that the suit was barred by Section 49 of U. P. C. H. Act and the impugned order dated 10-7-1987 passed by the trial Court was upheld. Against his order, the present second appeal has been filed before the Board of Revenue on the grounds that because the father of the appellant was recorded on the disputed land as such, the suit was not barred by Section 34 (5) of L. R. Act, that the notices under Section 80 CPC and under Section 106 of U. P. Panchayat Raj Act were given to the State and the Gaon Sabha, the postal receipts and copies of which are attached with the plaint, because there was no dispute before the consolidation operation, hence the bar of Section 49 of U. P. C. H Act does not arise because the proper issue has not been framed in the trial Court, amongst others.

(2.) I have heard the learned Counsel for the appellant on 4-8- 2006. Despite due information and repeated calls no one appeared for the opposite parties.