KARAN SINGH Vs. PREM SINGH

JUDGEMENT

(1.) THIS is a second appeal under Section 331 of the U.P.Z.A. and L.R. Act (hereinafter referred to as the Act), preferred against the judgment and order, dated 25-3-1994, passed by the learned Additional Commissioner, Jhansi, Division, Jhansi in Appeal No. 5/87 of 1992-93/Jhansi, allowing the same and remanding the case under Section 176 of the Act to the learned Trial Court for decision afresh on merits, according to law, in the light of the observations, made by him in the impugned order.

(2.) BRIEFLY stated, the facts, giving rise to the instant second appeal are that after the preliminary decree was passed by the learned Trial Court on 5-3-1991, the Lekhpal, concerned submitted the lots, accordingly, on 25-4-1992, on the basis of the possession of the parties, concerned, against which no objections were filed by the parties, concerned. The learned trial Court, after completing the requisite formalities, vide its decree, dated 23-5-1992, passed the final decree, accordingly. On 28-5-1992, Prem Singh moved an application for recalling the order, dated 23-5-1992. The learned trial Court, after hearing the parties, concerned, rejected this application, vide its order, dated 30-9-1992 and as such, he went up in appeal before the learned Additional Commissioner, who has allowed the same and remanded the case to the learned trial Court for decision, afresh, on merits, according to law, after affording due and reasonable opportunity of being heard and adducing evidence, if any, to the parties, concerned, vide his order, dated 25-3-1994 and therefore, it is against this order that the instant second appeal has been preferred by Karan Singh before the Board.

(3.) I have closely and carefully considered the arguments, advanced before me by the learned Counsel for the appellant and have also scanned the record on file. On the pleadings of the parties, concerned, the following substantial questions of law involved in this second appeal were framed :