- (1.) GIRDHARI Lal, J. Heard the learned counsel for the revisionist on the point of admission and stay.
(2.) IT has been argued by the learned counsel for the revisionist that declaration under Section 229-B/204 of the U. P. Z. A. and L. R. Act was decreed by the learned trial Court on 16-10-92. First appeal was preferred before the learned Additional Commissioner by State Government which was wrongly dismissed regarding Plot No. 370. A suit under Section 229-B/204 of the U. P. Z. A. and L. R. Act was filed by Bajrang Bali against Gaon Sabha on the ground that the disputed land was allotted to the present appellant for agricultural purposes by the S. D. O. Gonda by his order dated 17- 1-1971. A suit for cancellation of this allotment was filed which was also dismissed on 6-6-82. The appellants are paying 11. 77-P as rent of the disputed land. It has been mentioned in the order of the trial Court that the disputed land was allotted to the present appellant as Asami and on the basis of the contained possession the learned trial Court has declared non transferable bhumidhar to the present appellants. State of U. P. has filed an appeal before the learned Additional Commissioner and the learned Additional Commissioner has dismissed the appeal and allowed the appeal regarding Plot No. 370. This present appeal has been filed regarding Plot No. 370 by Bajrang Bali. Section 204 of the U. P. Z. A and L. R. Act specifically mentions that : "if a suit for ejectment of an asami to whom any of the Clauses (a), (b), (c), (d) or (h) of sub-section (1) of Section 21 or Section 11 or Clause (b) or Section 133 applies, is not instituted or decree obtained in such suit is not executed, within the period of limitation prescribed therefor the asami shall, on the expiry of the period, become a bhumidhar with non-transferable rights of the land held by them. " This fact has been examined by both the Courts below that the dispute related regarding asami and asami patta was executed to the present appellants on 17-1-71. If on ejectment of asami of any above category is not instituted only then asami of that category can perfect their rights under Section 204 of the U. P. Z. A. and L. R. Act. This provision has been ignored by both the Courts below and the orders were passed against the provision of Section 204 of U. P. Z. A. and L. R. Act. Therefore as far as the present appeal is not fit for admission.
(3.) THE second appeal is not fit for admission and is dismissed accordingly. As far as the orders passed by the learned Additional Commissioner dated 22-2-2002 and the order passed by the learned trial Court dated 16-10-92 which are not the subject matter of this present appeal but these orders have been certainly passed against the provisions of law and the present appellants has been illegally benefited by the orders of the Courts below.;