UPENDRA NATH TRIPATHI Vs. BANS GOPAL

JUDGEMENT

(1.) This is plaintiff's second appeal preferred against the judgment and decree dated 20.12.1985 passed by the learned Additional Commissioner, Faizabad Division, Faizabad, arising out of an order dated 3.8.1981 passed by the trial court in a case under Sec. 229-B of U.P.Z.A. & L.R. Act.

(2.) Facts of the case in brief are that the plaintiff one Upendra Nath Tripathi brought a suit under Sec. 229-B of U.P.Z.A. & L.R. Act, against the defendants, Bans Gopal and others, in respect of the disputed plot No. 364 area 0-9-0, situate in village Darhata, tahsil and district Faizabad, for declaring him as bhumidhar over the disputed land, with the allegations that he has been cultivating the disputed plot from the time of tenure holder, Hardatta. Since the time of aforesaid Hardatta, he has been continuously in possession over the disputed holding by virtue of adverse possession and as such he became sirdar the disputed holding and now he is bhumidhar of the same. After completing the requisite trial, the trial court, by means of its order, dated 3.8.1981, has dismissed the suit of the plaintiff. On first appeal by the plaintiff, the lower appellate court has concurred with the finding of the trial court and has dismissed the appeal vide its order, dated 20.12.88. Hence, this second appeal.

(3.) I have heard the learned counsel for the parties and have also gone through the relevant papers on file.