K.M. SUGAR INDUSTRIES Vs. IMAMUDDIN

JUDGEMENT

(1.) This is a second appeal, preferred against the judgment and decree dated 25.9.96, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of the judgment and decree dated 24.12.93, passed by the learned trial court in a suit under Sec. 176 of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Imamuddin alias Shamsuddin s/o Khuda Bux, r/o Chaudharpur, Moradabad instituted a suit under Sec. 176 of U.P.Z.A. and L.R. Act, impleading one Nizamuddin and others as defendants, for division of holding of his 2/9th share over the disputed plot, as detailed at the foot of the plaint. The learned trial court by means of its order, dated 24.12.93, decreed the aforesaid suit and determined the shares of the parties. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has allowed the appeal on 27.5.94. On second appeal, the then learned Member remanded the matter to the learned Additional Commissioner for decision afresh. On 26.9.96, the learned Additional Commissioner has allowed the aforesaid appeal in part, hence this second appeal.

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