GOMTI Vs. MANGALI AND OTHERS

JUDGEMENT

(1.) This is a second appeal, preferred against the judgment and decree/dated Jan. 7, 1994, passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of a judgment and decree, dated 30.5.1990, passed by the learned trial court, in a suit under Sec. 229B of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that one Dallu had three sons Narain, Seva Ram and Buddhi. Buddhi and Narain has died issueless. The widow of Narain was Smt. Gulabi who has also died. Shiv Ram had one son named Naubat who has 4 sons (Appellant Nos. 1 to 4), in whose favour the aforesaid Narain has executed a Will on May 27, 1980. One Smt. Gomti alleged d/o aforesaid Narain S/o Dallu instituted a suit under Sec. 229B of U.P.Z.A. and L.R. Act, for declaring her bhumidhari and transferable rights, over the disputed land, as detailed at the foot of the plaint. Learned trial court, after completing the requisite trial decreed the suit of the plaintiff on May 30, 1990. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has reversed the finding of the learned trial court and has allowed the appeal on Jan. 7, 1994, hence this second appeal.

(3.) I have heard the learned counsel for the parties and have also gone through the impugned orders of the learned Court below.