DHARAM SINGH Vs. STATE

JUDGEMENT

(1.) This is second appeal, preferred against the judgment and decree, dated 27.2.1991. passed by the learned Additional Commissioner. Kumaun Division, Nainital arising out of the Judgment and decree dated 26.4.79 passed by the learned trial court in a suit under Sections 229B/176 of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Deo Singh, instituted a suit under Sections 229B/176 of U.P.Z.A. and L.R. Act, against the defendants Jai Singh and others, impleading the U.P. State and Gaon Sabha, concerned as necessary parties, with the prayer that he be declared as sirdar over the 1/2 share of the disputed holding. On 26.4.79, the learned trial court after completing the requisite trial has dismissed the aforesaid suit. Aggrieved by this order an appeal was preferred. The learned Additional Commissioner has allowed the appeal on 27.2.1991. Aggrieved by this order the instant second appeal has been preferred.

(3.) I have heard the learned counsel for the parties and perused the impugned orders passed by the learned Courts below.