STATE Vs. ANARI DEVI & ANR.
LAWS(ALL)-2005-11-235
HIGH COURT OF ALLAHABAD
Decided on November 24,2005

STATE Appellant
VERSUS
Anari Devi Respondents

JUDGEMENT

ANIL SWARUP, j. - (1.) APPLICATION dated 9-11-1995 was moved under Section 333 of U.P. Z.A. and L.R. Act against the order dated 18-2-1993 passed by the Addl. Commissioner in appeal No. 93 of 1992 dismissing the appeal against the order of SDO on 18-5- 1992.
(2.) A suit under Section 229-B of U.P.Z.A. and L.R. Act was filed by appeallant in the trial Court for claiming Bhumidhari rights over land which was allotted to the appellant as Asami. The trial Court on the basis of a detailed analysis came to the conclusion that the appellant could only retain the rights as an Asami. Against this order an appeal were filed before Additional Commissioner but the Court did not deem if necessary to interfere with the order of the trial Court. No new issue has been raised before this Court in the second appeal. The primary contention of the appellant is that he had acquired Bhumidhari Rights on the basis of adverse possession. Being an Asami rights holder, he cannot be deemed to have been in adverse possession in any case. Morever, Asami rights was for 6 particular period of time.
(3.) ON the basis of aforementioned analysis, the revision is dismissed. The lower Courts files be sent back and the file of this Court be consigned. Revision dismissed.;


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