AKHTARI BEGUM Vs. MURARI SINGH

JUDGEMENT

(1.) THESE are two second appeals preferred against the judgment and order dated March 27, 1987 passed by the learned Additional Commis­sioner, Moradabad Division, Moradabad arising out of a judgment and decree dated September 17, 1986 passed in a suit in­stituted under Section 229-B of U.P.Z.A. & L.R. Act. Since the facts and the law points, are similar in these two second ap­peals as such the same are being decided by this common judgment. The second ap­peal No. 105 shall be the leading case. During the pendency of the second appeal the defendant- appellant Sml. Akhtari Begum died. Secondly her heirs/legal rep­resentative Mohd. Mustafa & others have been substituted.

(2.) BRIEF and relevant facts of the case are that the plaintiff- respondent Murari Singh instituted a suit under Section 229-B of U.P.Z.A. and L.R. Act. for declaring him Bhumidhar with4 transferable rights over the disputed land as detailed at the foot of the plaint. The learned Trial Court after completing the requisite Trial decreed the aforesaid suit on September 17, 1986. Ag­grieved by this order the two first appeals were preferred. The learned Lower Appel­late Court by means of its judgment and order dated March 27, 1987 dismissed the aforesaid appeals. Hence these second ap­peals.

(3.) I have closely and carefully con­sidered the contentions raised by the learned Counsel for the parties and perused the relevant records on file. A bare perusal of the records reveals that the learned Trial Court has properly and ex­haustively analysed discussed and con­sidered the relevant and material facts and circumstances of the instant case and has recorded clear and categorical finding, to the fact that the plaintiff-respondent Murari Singh is the Bhumidhar with trans­ferable rights over the disputed holding. The learned Lower Appellate Court has also properly examined the material points at issue, in correct perspective of law and has rightly upheld the aforesaid order, passed by the learned trial Court and dismissed the first appeal.