SHYAMA CHARAN Vs. SHAYAMA CHARAN

JUDGEMENT

(1.) This is second appeal, preferred against the judgment and decree dated 30.5.88 passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of the judgment and decree, dated 3.6.87 passed by the learned trial court in a suit under Sec. 229B of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Shyama Charan s/o Puran Sahai, instituted a suit under Sec. 229B of U.P.Z.A. and L.R. Act, against the defendant, Shyama Charan s/o Sukhbashi Lal, impleading the Gaon Sabha concerned and the State of U. P. as opposite parties, for declaration over the land in dispute as detailed at the foot of the plaint. The learned trial court, after completing the requisite trial has dismissed the aforesaid suit on 3.6.87. Aggrieved by this order, an appeal was preferred. The learned Additional Commissioner has upheld the aforesaid order passed by the learned trial court and dismissed the appeal on 30.5.88. Aggrieved by this order, the instant second appeal has been preferred.

(3.) I have heard the learned counsel for the appellant and perused the impugned orders passed by the learned Courts below. None appeared on behalf of the opposite-party despite due notice.