SMT. KISHWARI Vs. CHHIDDU

JUDGEMENT

(1.) This is second appeal, preferred against the judgment and decree, dated 16.5.95, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and decree, dated 21.1.94 passed by the learned trial court in a suit under Sec. 229B of U.P.Z.A. & L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Smt. Kishwari, instituted a suit under Sec. 229B of U.P.Z.A. & L.R. Act impleading one Chhiddu and others as defendants, with the prayer that she be declared as bhumidhar of the disputed holding, as detailed at the foot of the plaint and the defendant No. 1 has no any concern with the disputed land. The learned trial court after completing the requisite formalities and examining the relevant papers, on file, has dismissed the aforesaid suit on 21.1.94. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has dismissed the appeal on 16.5.95 and has ordered that one copy of the aforesaid order be sent to the District Magistrate, Bijnore, for effecting inquiry as to the living heirs of deceased Alladiya and if none is found the heir of the deceased then the disputed holding be vested in the U.P. State/Gaon Sabha concerned. Hence, this second appeal.

(3.) I have heard the learned counsel for the parties and have gone through the impugned orders passed, by the learned Courts below.