RAFIQ KHAN Vs. SMT. KHATOON & ORS.

JUDGEMENT

(1.) This is a second appeal against the judgment and decree dated 3-7-1993 passed by Additional Commissioner, Faizabad Division, Faizabad, in Appeal No. 293/592 arising out of a suit under Sec. 229-B of U. P. Z. A. and L. R. Act.

(2.) Briefly stated the facts of the case are that Smt. Lali, widow of Razzak, instituted a declaratory suit under Sec. 229-B of U. P. Z. A. and L. R. Act in respect of plots Nos. 656/2 area 0-60, 657/1, area 1-38, 659/0-65 and 657/2, area 0-20, total area 2-83 situate in village Singha Prasi, pargana, Tehsil and district Bahraich, claiming rights over the land in dispute on the basis of adverse possession of fifteen years. Notices were issued to the defendant-appellant and in response thereof written statements were filed. On the pleadings of the parties two issues were framed and evidences were led by the parties in respect of their claims and after evaluating evidences on record the trial Court decreed the suit vide its order dated 26-9-1972 against which a first appeal was preferred before Commissioner Faizabad Division, Faizabad. After preferring of first appeal, requisition orders were sent to trial Court for submitting trial Courts records and in reply to the requisition orders it was submitted that due to the outbreak of fire in the record room, the trial Courts records stood destroyed and could not be made available. In the circumstances, orders by lower appellate court were passed for reconstruction of records and accordingly records were reconstructed and first appeal was decided by learned Additional Commissioner vide order dated 3-7-1993 whereby first appeal was dismissed and order of trial Court was confirmed. Against order dated 3.7.1993 the present second appeal has been preferred before the Board and the same is being heard by this Court.

(3.) I have heard the learned Counsel for the parties at length and have gone through the records.