MUNESAR Vs. GAON SABHA
LAWS(ALL)-2000-5-102
HIGH COURT OF ALLAHABAD
Decided on May 23,2000

MUNESAR Appellant
VERSUS
GAON SABHA Respondents

JUDGEMENT

- (1.) GIRDHARI Lal, J. This second appeal has been filed against the order of the leaned Additional Commissioner Gorakhrur dated 13-10-99 in a case and section 229 B of the U. P. Z. A and L. R. Act in which the Addi tional Commissioner has dismissed the ap peal filed by Munesar against the order of the trial Court dated 5. 7. 93.
(2.) IN brief, the facts of the case are that Munesar has filed a declaratory suit under Section 229-B of the U. P. Z. A and L. R. Act in respect of plot no. 317 area 70 Karison the ground that he belongs to scheduled caste and his possession over the disputed land is from more than 20 years and the disputed landis still in possession of the appellant. Heard the learned counsel for the appellant and seen the judgments of the Court below. It has been argued by the learned counsel for the appellant that the name of the appellant was recorded in class (4) before the consolidation proceedings. After perusal of the order of the trial Court as well as learned Additional Com missioner, it is clear that the land is recorded as Abadi class 6 (2) and on the basis of possession no title cannot be perfected by any person after the amendment in Section 210 of the U. P. Z. A and L. R. Act and no rights can be claimed under Section 122-B (4-F) of the U. P. Z. A. and L. R. Act because the land in dispute is recorded in class 6 (2) as Abadi. Hence the appeal filed by the ap pellant is not fit for addition. It is accord ingly dismissed. Appellant dismissed. .;


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