C.L.VERMA, j. - (1.) THIS second appeal has been filed by Ram Saran Singh against the judgment and decree dated 17-5-91 passed by learned Additional Commissioner, Jhansi in Appeal No. 32/42 arising out of a suit under Section 229-8 of the UPZA and LR Act.
(2.) BY the impugned order the learned Additional Commissioner allowed the ap­peal set aside the judgment had decree of the trial Court dated 3-11-88 and decreed the suit of the plaintiff. Briefly the facts of the case are that Siromani and others instituted the suit stating that during consolidation opera­tions they were held to be Asami of the land in question but due to some mistake their names had not been entered. They submitted that a declaration be made in their favour. The trial Court dismissed the suit holding it to be barred by Section 49 of the UPCH Act. Feeling aggrieved by this order Shiromani and others filed an ap­peal before the learned Additional Com­missioner which was allowed. Ram Saran Singh had now filed the present second appeal.
(3.) I have heard the learned Counsel for the parties and perused the record.;