C.L.VERMA, J. - (1.) THIS second appeal has been filed against the judgment and decree dated 6-9-99 passed by learned Additional Commissioner, Varanasi in Appeal No. 1 of 1992 district Sonbhadra arising out of a suit No. 97/1991 under Section 229-B of the U.P.Z.A. and L.R. Act.
(2.) BY the impugned order the Learned Additional Commissioner allowed the appeal, set aside the order dated 30-9-92 passed by S.D.O./Additional Collector First Class, Robertsganj in suit No. 97/1991 and dismissed the suit of the plaintiff. Briefly the facts of the case are that plaintiff Bhola Singh and Chandrika Singh instituted a suit for declaration that they were Bhumidhars of the land in question. They claimed to have acquired rights by being in adverse possession for over statutory period. According to them, the name of Arman Khan (since deceased) and substituted by his son Mulla Khan was wrongly recorded in revenue papers. The plaintiffs also claimed rights on the basis of the sale-deeds said to have been executed in their favour in the year 1960. The defendants contested the suit on various grounds and averred that the land in question had been taken away in ceiling proceedings and ceiling proceedings had become final. They also pleaded that the suit of the plaintiffs was barred by Section 49 of U.P.C.H. Act . They stated that the land in question have been declared to be surplus during ceiling proceedings and have gone to the State but the provisions of U.P.Z.A. and L.R. Act are not attracted to the present suit and the suit is not cognizable. They also pleaded that on formation of chak possession of trespasser undergoes a change and they cannot get benefit of earlier possession. They also submitted that if the plaintiff claimed commencement of their rights on the basis of the sale-deeds against whom they claimed adverse possession. The trial Court believed the version of the plaintiff and decreed the suit. It passed an order that the land which once belong to Arman Khan and had gone to the State after having or declared as Surplus during the ceiling proceedings be taken back and other land of equivalent area belonging to the heir of Arman Khan be given in ceiling in place of that land. Feeling aggrieved by this order Mulla Khan filed an appeal before the learned Additional Commissioner which was allowed and the suit of the plaintiff was dismissed. Hence the present second appeal.
(3.) I have heard the learned Counsel for the parties and perused the record.;