TULLI @ GALLI Vs. PYARE LAL

JUDGEMENT

(1.) S. P. Pandey, J. These are two connected second appeals under Section 331 (4) of the U. P. Z. A. and L. R. Act (hereinafter referred to as the Act), preferred against the judgment and decree, dated 4-7-1996, in Appeal No. 138/44 of 1994-95/lalitpur as well as dated 24-7-1996, passed in appeal No. 25/43 of 1994-95/lalitpur dismissing the same and confirming the judgment and decree dated 5-8-1995/11-9-1995, passed by the learned Trial Court in two suit Nos. 135/1990-91 and 261/1989-90, under Section 229-B/209 of the Act.

(2.) BRIEFLY stated, the facts giving rise to instant second appeals are that the plaintiff, Pyare Lal instituted a suit No. 135 of 1990-91, under Section 229-B/209 of the Act, against the defendants, before the learned Trial Court for expunction of the name of the defendant, Tulli alias Galli from khata No. 77, inter alia pleading that the name of Tulli alias Galli is recorded fraudulently and illegally in the revenue records. Tulli alias Galli also instituted a suit No. 261 of 1989-90, under Section 229-B/209 of the Act, before the learned Trial Court, against the defendants, for declaration of his rights and title as bhumidhar with cultivatory possession over his 1/2 share in the land in dispute, inter-alia pleading that Ram Pyari has fraudulently executed a sale-deed in favour of the defendant. On notice, the State and Pyare Lal etc. contested the suit, denying the allegations and inter-alia pleading that since Tulli alias Galli got his name fraudulently recorded, he has no share in the land in dispute. The learned Trial Court, after completing the requisite trial, vide its judgment and decree, dated 5-8-1995, decreed the suit of Pyare Lal etc. and dismissed the suit of Tulli alias Galli. Tulli being aggrieved by the same, went up in two appeals before the learned Additional Commissioner who has dismissed both of them, vide his judgment and decree dated 24-7-1996 and therefore, it is against these judgments and decrees, passed by the learned Courts below that Tulli alias Galli has now come up in these two second appeals before the Board.

(3.) IN view of the above, the instant second appeals, being devoid of merits, are accordingly, dismissed and the judgments and decrees, passed by the learned Courts below, are hereby confirmed and maintained. Let records be returned forthwith to the Courts, concerned.