RAM SWAROOP Vs. BABU

JUDGEMENT

(1.) This is defendants' second appeal preferred against the judgment and decree dated 20.2.96 passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of the judgment and decree, dated 29.5.95. passed by the learned trial court, in a suit under Sec. 176 of U.P.Z.A. & L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Babu Instituted a suit under Sec. 176 of U.P.Z.A. & L.R. Act, impleading one Ram Swaroop and others as defendants, for the division of holdings as detailed at the foot of the plaint. The learned trial court by means of its order, dated 29.5.95 decreed the aforesaid suit, declaring the shares of the parties as per the pedigree of the parties. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has upheld the aforesaid order passed by the learned trial court and dismissed the appeal, 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.