NANHKU Vs. RAM RAJ

JUDGEMENT

(1.) This is a second appeal preferred against the judgement and decree dated 19.9.1996 passed by the learned Additional Commissioner, Varanasi Division, Varanasi, arising out of the judgement and decree dated 30.10.1995/13.11.1995 passed by the trial court in a suit under Sec. 176 of U.P.Z.A. & L.R, Act,

(2.) Brief and relevant facts of the ease are that one Nankhu, the plaintiff, instituted a suit under Sec. 176 of Z.A, & L.R. Act with the prayer that the plaintiff has 1/2 share in the disputed holding and his share be partitioned accordingly in the disputed plots as detailed down at the foot of the plaint. The learned trial court, after completing the requisite formalities decreed the suit of the plaintiff, vide the order dated Oct. 30, 95. Aggrieved by this order first appeal was preferred. The learned Additional Commissioner by means of his judgement and decree dated 19.9.1996, has allowed the aforesaid first appeal and has quashed the aforesaid judgement and decree, passed by the trial court, and dismissed the suit of the plaintiff; hence this second appeal.

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