PREMWATI Vs. VED PRAKASH

JUDGEMENT

(1.) THIS is a second appeal, preferred against the judgment and decree dated December 13, 1998, passed by the Learned Additional Commissioner, Moradabad Division, Moradabad, arising out of a judgment, dated 31 -1-1996 and decree dated 12-2-1996, passed by the learned Trial Court, in a suit under Section 229-B of U.P.Z.A. & L.R. Act.

(2.) BRIEF and relevant facts of the ease are that the plaintiffs Smt. Premwati and Vimla Devi instituted a suit under Section 229-B/209 of U.P.Z.A. and L.R. Act, against the contesting defendant Ved Prakash, with the prayer that they be declared a Bhumidhar in possession, with trans­ferable rights, over the disputed land, as detailed at the foot of the plaint, that the defendant-respondent Ved Prakash has no any concern with the disputed land. The learned Trial Court, after completing the recjusite trial, has decreed the aforesaid suit on January 31, 1996. Aggrieved by this order an appeal was preferred. The learned Additional Commissioner has allowed the appeal and set aside the aforesaid judgment and decree, passed by the learned Trial Court. Hence I his second appeal.

(3.) I have carefully and closely con­sidered the contentions, raised by the learned Counsel for the parties and have also gone through the relevant records, on file. From a bare perusal of the records, it is a manifestly clear that the learned Lower Appellate Court has properly and exhaus­tively analysed, discussed and considered the relevant material aspects of the fact and circumstances of the instant case and has drawn a correct conclusion in favour of the plaintiffs-appellants. It has properly examined the material points, at issue in­volved in the aforesaid impugned judg­ment and decree.