R.J.SINGH, j. - (1.) SIKANDAR Singh has filed this second appeal against the judgment and decree dated 24-1-1995 passed by learned Additional Commissioner, Kanpur Division.
(2.) ANOTHER second appeal No. 59 of 94-95 has also been filed by Sikander Singh against Ram Swaroop and others arising out of the judgment and decree passed by learned Additional Commissioner, Kanpur dated 24-1-1995. Both the appeals are filed against the same judgment and decree passed by learned Additional Commissioner. The land in dispute and the parties are the same hence these appeals are decided clubbed together and decided with one and common judgment. The judgment passed in second appeal No. 52 of 94-95 will govern second appeal No. 59 of 94-95 also. Ratan Singh and others filed a suit under Section 176 of the UPZA and LR Act before the trial Court for partition of the property in dispute. After the filing of this partition suit sikander Singh also filed a suit under Section 229-B of the UPZA and LR Act for declaration that he has perfected his rights over the land in dispute on the basis of adverse possession. The partition suit No. 8 under Section 176 of the UPZA and LR Act Ratan Singh and Ors. v. Ram Swaroop and Ors. The learned trial Court after due consideration dismissed the claim of Sikander Singh on the basis of adverse possession and decreed the suit of partition between Ratan Singh and Ors. v. Ram Swaroop and Ors. The judgment was passed on 4-12-90. The suit of Sikander Singh case No. 171 under Section 229-B of the UPZA and LR Act was dismissed by the trial Court on 3-2-1991. An appeal was preferred against this order before the Commissioner Kanpur Division. The learned Additional Commissioner has not mentioned anything about the judgment dated 4-12-90 whereas there was a mention in the memo of appeal before the Commissioner, Kanpur of both the cases. The learned Additional Commissioner decided both the appeals though without mentioning its details in one judgment dated 24-1-95. Aggrieved by this order Sikander Singh has preferred second appeals before this Court.
(3.) I have heard the learned Counsel for the parties and gone through the records carefully.;