BAL KISHUN Vs. DEVENDRA SINGH

JUDGEMENT

(1.) This second appeal has been filed by Bal Kishun against the judgment and decree dated 13.10.1998 passed by learned Additional Commissioner, Saharanpur.

(2.) Briefly stated the facts of the case are that plaintiff-appellant filed a suit under Sec. 176 of the U.P.Z.A. and L.R. Act regarding Khata No. 60 Khasra No. 77 area 0.013 hectares, Khasra No. 132 area 1.301 hectares and Khasra No. 180 area 1.297 hectares that the share and qurra be separated. The trial court after declaring the shares of the parties prepared preliminary decree. Defendants Devendra Kumar etc. transferred their share in favour of Gur Bachan Singh and on the basis of that sale-deed Gur Bachan Singh applied for impleadment as party and also requested the court to adduce their evidence. The trial court did not allow the application and the qurra was prepared regarding Khata No. 180 which is the main land in dispute. Khata No. 180 situates nearby road-side and the qurra was given on the road-side to Bal Kishun plaintiff-appellant. Aggrieved by this order, Mohan Lal and Gur Bachan Singh preferred an appeal before the Commissioner. Appeal No. 3 of 1997-98 was filed by Mohan Lal and Appeal No. 2 of 97-98 was filed by Gur Bachan Singh. Both these appeals were consolidated because the parties were common. The learned Additional Commissioner set aside the judgment and decree passed by learned trial court and remanded the case back to the trial court with a direction that the qurra be prepared regarding Khata No. 180 and it should be divided east and west and the southern side should be given to the appellants and northern side should be given to the respondents. Aggrieved by this order this second appeal has been preferred before this Court.

(3.) I have heard the learned counsel for the parties and gone through the file carefully.