C.L.VERMA, j. - (1.) THIS second appeal has been filed by Vakil Ahmad against the judgment and decree dated 24-3-86 passed by learned Additional Commissioner, Jhansi in Appeal No. 41/207 of 1984-85 district Banda arising out of judgment and decree dated 7-11-84 passed by Additional SDO Karvi/Mau in case No. 113 under Section 229-B of the UPZA and LR Act.
(2.) I have heard the learned Counsel for the parties and perused the record. The plaintiff claimed to have acquired rights on the basis of Patta given to him before the date of vesting and on the basis of continued possession thereafter. Khatauni 1359 Fasli is on record. In Khatauni 1369-1371 Fasli the name of the lessee are recorded. As the names of the lessees were continuing from before they could not be deleted without there being orders of any competent Court. The learned Courts below have failed to appreciate the evidence on record and have wrongly dislodged the claim of the plaintiff. The learned Additional Commissioner was not correct in holding that the Zamindari was not entitled to grant a patta. The Gaon Sabha or the State did not even contest the proceedings.
(3.) AFTER having given my careful consideration to the arguments by the learned Counsel for the parties and having closely examining the material on record find that the Courts below have erred in law in dismissing the suit of the plaintiff. The suit of the plaintiff deserve to be decreed.;