SARKAR Vs. KRISHNA PAL

JUDGEMENT

(1.) THIS is a ref­erence dated September 9, 1997, made by the learned Additional Commissioner, Moradabad Division, Moradabad in respect of a revision No. 156 of 1995-96/Jot I baphulenagar with the recommenda­tion that the order dated June 18, 1996 and decree dated June 24, 1996 passed by the learned trial Court beset aside.

(2.) BRIEF a relevant facts of the case are that the plaintiffs Krishnapal and Jitendra instituted a suit under Section 229-B of U.P.Z.A. and L.R. Act, in pleading U.P. State and Gaon Sabha concerned as defen­dants with" the allegation that he plaintiffs are in possession over the disputed land as detailed at the foot of the plaint for over 12 years as such they be declared Bhumidhar over the disputed holding on the basis of the adverse possession. The learned trial Court after completing the requisite trial decreed the aforesaid suit on June 18, 1996. Aggrieved by this order a revision was preferred on behalf of the U.P. State and Gaon Sabha concerned. The learned Additional Commissioner has made this reference with his recommendation that the aforesaid order dated June 18, 1996 and decree dated 24-6- 1996 passed by the learned Trial Court be set aside.

(3.) I have carefully and closely con­sidered the aforesaid submissions made by the learned Counsel for the parties and have also gone the relevant records on file. From a bare perusal of t he relevant records it is amply clear that the learned lower Revisional Court has properly examined the points at issue and has recorded a clear and categorical finding to the effect that the learned Trial Court has wrongly decreed the plaintiffs suit and has declared them Bhumidhar, over the disputed land whereas in view of the amended provisions of U.P.Z.A. and L.R. Act, Bhumidhari rights cannot be confirmed upon the Gaon Sabha land on the ground of adverse pos­session.