BHOPAL Vs. CHANDAN SINGH (DECEASED) & ORS.

JUDGEMENT

(1.) THIS a plaintiff's second appeal preferred against the judgment and order dated 24-4-19S9 passed by the learned Additional Commis­sioner, Moradabad Division, Moradabad arising out of an order dated 28-11-1988 passed by the learned trial Court in a suit under Section 229-B of the U.P.Z.A. & L.R. Act.

(2.) BRIEF and relevant facts of the case are that the plaintiffs Lalloo and Bhopal instituted a suit under Section 229-B of the U.P.Z.A. and L.R. Act with the prayer that the plaintiff No. 1 Lalloo be declared Bhumidhar with transferable rights over the 1/6 share and plaintiff No. 2 be declared Bhumidhar with transferable rights over the 5/6 share of the disputed holding as detailed at the foot of the plaint, as the names of the plaintiffs arc con­tinuously recorded in class IX of the Khatauni and Khasra since 1367 fasli. The learned trial Court, after completing the requisite trial, dismissed the aforesaid suit on 26-11-1988. Aggrieved by this order, an appeal was preferred, the learned Addi­tional Commissioner has dismissed the appeal too. Hence this second appeal.

(3.) I have closely and carefully con­sidered the contentions raised by the learned counsel for the parties and also gone through the records on file. From a perusal of the judgment and order dated 26-11-1988 passed by the learned trial Court, it is crystal clear that it has not properly and lysed, discussed and con­sidered the facts and evidence on records in correct prospective of law. The oral evidence adduced by the parties have not been properly examined. The learned Ad­ditional Commissioner has miserably failed to evaluate the evidence on record in correct prospective of law. The extract of Khatauni of 1366 fasli has not been properly appreciated with regard to pos­session of the plaintiff/appellant over the aforesaid suit land. The conclusion drawn by the learned Additional Commissioner is quite erroneous and against the facts and evidence of the instant case. In fact the instant case needs re-examination of the claims of the parties in the light of their pleadings and evidence on record.