RAJENDRA SINGH Vs. MALKHAN

JUDGEMENT

(1.) RAM Janam Singh, Member This second appeal has been preferred against the judgment and decree passed by learned Additional Commissioner, Meerut Division, Meerut dated 5-11-1993 in a case under Sec-tion229-B of the U. P. Z. A. and L. R. Act.

(2.) BRIEFLY, staled the facts of the case are that the plaintiff-appellant filed a suit under Section 229-B of the U. P. Z. A. and L. R. Act before the trial Court on the basis of adverse possession over the land in suit. The allegation was that Gata No. 590 is merged into Gata No. 595 of the plaintiff-appellant. Defendants- respondents denied the claim of the plaintiff-appellant but the learned trial Court on the basis of the order passed under Section 41 of the U. P. Land Revenue Act by the Additional S. D. O. Saharanpur dated 10-10-1984 and the orders of the learned Additional Com missioner Meerut Division, dated 28-5-85 has decreed the suit of the plaintiff-appel lants that they have matured their rights under Section 210 of the Act on the basis of adverse possession. Against this order a first appeal was referred before the learned Additional Commissioner Meerul Division. The learned Additional Com missioner has allowed the appeal on the basis that the claim of the plaintiff-respon dents on the basis of adverse possession is not proved because the orders passed under Section 41 of U. P. Land Revenue Act cannot confer any right on the basis of adverse possession to the plaintiff-appel lants. Under Section 41 of the U. P. Land Revenue Act, only the demarcation is done and the decision of the right of the parties is not done in that section. Aggrieved by this order, the legal reresentatives of the deceased, Sadhu Singh, plaintiff-appel lants have preferred this second appeal.

(3.) ON the basis of the observations made above, the second appeal has not force and is dismissed. Appeal dismissed. .