JALALUDDIN Vs. GAON SABHA

JUDGEMENT

(1.) HIMANSHU Kumar On the plaint filed by Jalaluddin the ASDO, Chhata, by his order dated 31-1-1997 decreed the suit under Section 229-B, Z. A. Act and ordered that the name of Jalaluddin be deleted from the class 3 and entered under the class-2 bhumidhar with non-transferable rights over the land in question. In appeal against his order in the Court of learned Additional Commissioner (Admin.) by the Gaon Sabha and others, the Additional Commissioner by his order dated 13-2-2003 allowed the appeal and set aside the order of the trial Court dated 31-1-1997. Against this order the second appeal has been filed before the Board of Revenue on the grounds that the first appeal was bad for non-joinder of parties, that the appellant was in possession on the basis of lease deed since 1972 and since he was not dispossessed his rights have matured to those of sirdari, that Nagar Chetra Panchayat was not made a party in appeal and hence became bad for non-joinder, amongst others.

(2.) THE learned Counsel for the appellant was heard on 18-5-2006. Despite repeated calls none appeared on behalf of the opposite parties. I have perused the records.

(3.) IN view of above analysis on the substantial question of law the other point in the grounds of appeal do not need adjudication at this stage. Accordingly, the instant second appeal having no force is hereby dismissed and the order dated 13-2-2003 passed by the learned Additional Commissioner is hereby upheld and sustained. Let the records be returned within a week and this Courts file be consigned to the record room. Second appeal dismissed. .