C.L.VERMA, j. - (1.) THIS second appeal has been filed by Sheo Shanker and another against the judgment and decree dated 30-5-90 passed by learned Addition­al Commissioner, Jhansi in Appeal No. 52/29/357 of 1986-87 district Banda arising out of a suit under Section 229-B of the UPZA and LR Act.
(2.) BY the impugned order the learned Additional Commissioner allowed the ap­peal set aside the judgment and decree of the trial Court and remanded the case for disposal on merits. Briefly the facts of the case are that Sila Ram and Jther instituted a suit for declaration that they are bhumidhars of the land in question. The defendants con­tested the suit on various grounds. One of the pleas raised by them was that the .present suit was barred by principles of res judicata. The trial Court framed four is­sues, ft held that the present suit was barred by principle of res judicata and dis­missed the suit. Feeling aggrieved by this order Sila Ram and another filed an ap­peal before the learned Additional Com­missioner which was allowed. Sheo Shanker and another have now come up in second appeal.
(3.) I have heard the learned Counsel for the parties and perused the record.;