- (1.) S. R. Lakha, Member. This second appeal has been filed by Anees Ahmad and others against the judgment and order dated 11-3-2003 passed by learned Additional Commissioner, Moradabad in Appeal No. 27/2001-2002 arising out of an order dated 28-6-2000 passed by Assistant Collector First Class/s. D. M. Dhanaura, in Suit No. 74/7/34/102/97 under Section 229-B of the U. P. Z. A. and L. R. Act.
(2.) BRIEFLY facts are that Jameel Ahmad since (deceased and substituted by his sons Anees Ahmad and others instituted a suit under Section 229-B of the U. P. Z. A. and L. R. Act which was dismissed by the learned trial Court. On appeal, the learned Additional Commissioner maintained the order and dismissed the appeal. Hence the present appeal. I have heard the learned Counsel for the appellant and seen the papers. From a perusal of the papers it is obvious that the trial Court dismissed the suit on the ground that the plaintiffis did not do adequate pairvi in the case and do not produce evidence in the case. It has been argued on behalf of the plaintiffs appellants that proper opportunity for doing so had not been afforded to the present appellants.
(3.) IN the facts and circumstances of the case it would be in the interest of justice to send the case back to the trial Court for fresh decison after giving both parties an opportunity of being heard and leading evidence. This will serve the ends of justice. Both the Courts below have not decided that present case in a proper judicial manner and their orders cannot be sustained in law. In view of the above, the present second appeal is allowed, the orders passed by the Courts below are set aside and the case is sent back to the trial Court for fresh decision on merits according to law. Appeal allowed. .;