SAROJ PANDEY Vs. CHANDRA

JUDGEMENT

(1.) DR. J. B. Sinha, J. The present second appeal has been preferred against the judgment and decree dated 26-4-97 passed by Additional Commissioner, Faizabad in respect of first Appeal No. 327 arising out of a judgment and decree dated 4-5-89 in Suit No. 35/81/24/14/46/75-A under Section 229-B/209 of U. P. Z. A. & L. R. Act by Sub-Divisional Officer, Balrampur, Gonda.

(2.) BRIEF and relevant facts of the case are that O. P. Sri Chandra filed the above suit for declaration of his right and title over the land in dispute pertaining to village Ramnagar and Lichuiya claiming himself to be adopted son of deceased Rajaram Ram Chandra and Ram Niwas besides Gaon Sabhas of Ramnagar & Lichuiya and state were made defendant Nos. 1 to 5. The appellant Saroj Kumari Pandey sought to be made defendant in the suit on the basis of sale deed dated 17-7-80 executed by defendant Nos. 1 & 2 Ram Chandra and Ram Niwas pertaining to land No. 329/1. 26 acre situate in village Lichuiya. The trial Court allowed the application and appellant filed written statement as defendant No. 6. The Court framed 13 issues in the suit on the pleadings of the parties. Since the land situate in village Ramnagar was noticed under consolidation operation the Court abated the proceeding in respect of that village and after taking evidences and affording opportunity of hearing to the parties decided the suit on 4-5-89 in favour of O. P. ordered for expunction of appellants name in the revenue records in respect of land situate in village Lichuiya. The lower appellate Court confirmed the order of the trial Court and dismissed the appeal. Aggrieved by his order Saroj Kumari has preferred the present second appeal. The substantial questions of law were framed and filed by the appellant on 10-2-03.