- (1.) The present second appeal has been filed by the Plaintiffs. Brief facts of the case are that an exchange took place between the Defendants and Gaon Sabha in respect of a portion of land which admittedly belonged to Gaon Sabha The Plaintiffs claimed a Rasta through the Defendants land which they received by that exchange. The Gaon Sabha gave a strip of land contiguous to the Defendants property. The Defendants in lieu thereof gave another land contiguous to the property of the Gaon Sabha.
(2.) The Trial Court decreed the suit holding that the exchange was hit by provisions of Section 168-A of the UPZA & LR Act. The lower appellate court held that the exchange was not hit by Section 168-A of the said Act. It further held that in any case there was no cause for agitating the matter and challenging the exchange in civil court. It could have been challenged under the provisions of the UP ZA & LR Act.
(3.) After hearing the learned Counsel for the Appellants and examining paper No. 30, the map prepared by the Lekhpal Ex. 6.1 find that both the exchanged properties were contiguous to the properties of the parties who received the exchanged portion. In these circumstances Section 168-A of the said Act can have no application. The lower appellate court has rightly dismissed the suit.;