DOORI LAL Vs. STATE

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree dated 26-4-1991 passed by the learned Additional Commis­sioner, Moradabad Division, Moradabad arising out of the judgment and decree dated 27-2-1990 passed by the learned trial Court in a suit under Section 229-B of U.P.Z.A.&L.R.ACI.

(2.) BRIEF and relevant facts of the case are that the plaintiff one Doori Lal in­stituted a suit under Section 229-B of U.P.Z.A. and L.R. Act, impleading the U.P. State and the Gaon Sabha concerned, for declaring him Bhumidhar with trans­ferable rights over the disputed land as detailed in para 1 of the plaint with the allegations that the deceased, Kallu, had executed a Will in favour of the revisionist on 14-1-198] and consequently he is the only heir and legal representative of deceased having possession over the dis­puted holding. The learned trial Court through its order dated 27-2-1990 dis­missed the aforesaid suit. 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; hence this second appeal.

(3.) FOR the appellant it was contended that the learned trial Court has not con­sidered the oral evidence adduced by the plaintiff-appellant and has discarded the aforesaid Will executed in favour of the appellant by the deceased Kalloo, that the judgment and order passed by the learned Courts below are erroneous in law as well as facts, that the judgment and orders passed by the learned Courts below are based on surmises and conjectures and hence they are no judgment in the eye of law, that the plaintiff-appellant has fully established his title and possession over the disputed land and the mutation proceedings are summary in nature and do not have the effect of resjudicata nor are they binding in any manner in regular suit, that admittedly, the tenant-in-chief, Kal­loo, the deceased, was the Bhumidhar with transferable rights as such was totally en­titled to execute a Will of his property in favour of the plaintiff-appellant.