BRIJ LAL ETC. Vs. POORAN ETC.

JUDGEMENT

(1.) THIS is a second appeal against the judgment and decree dated 10-1-1996/25-1-1996, passed by the learned Additional Commissioner, Jhansi Division, Jhansi, in Appeal No. 46/54 of 1993-94/Jhansi, dismissing the same and confirming the judgment and decree, dated 28-12-1993/27-1-1994, passed by the learned trial Court in a suit under Section 176 of the U.P.Z.A. and L.R. Act (hereinafter referred to as the Act).

(2.) BRIEFLY stated, the facts, giving rise to the instant second appeal are that Pooran etc. plaintiffs instituted a suit under Section 176 of the Act against the defendants Brij Laj etc. for division of holding. On notice, the defendants contested the suit, denying the allegations. The learned trial Court, after completing the requisite trial, passed the preliminary decree, vide its judgment and decree, dated 28-12-1993/27-1-1994, against which the defendants Brij Lal etc. preferred a first appeal before the learned Additional Commissioner, who, vide his judgment and decree, dated 10-1-1996/25-1-1996, has dismissed the same as not maintainable, in law and therefore, it is against these judgments and decrees, passed by the learned Courts, below that the instant second appeal has been preferred by him before the Board.

(3.) I have closely and carefully considered the arguments, advanced before me by the learned Counsel for the parties and have also scanned the relevet papers on file as well as the case- law cited by the learned Counsel for the appellants. On the pleadings of the parties concerned, following substantial questions of law emerges out, for decision of the instant second appeal: