RAM JANAM SINGH, j. - (1.) BHUP Ram and others have filed this second appeal against the judgment and decree dated 15-2-2000 passed by Additional Commissioner, Bareilly.
(2.) BHUP Ram died and he has been substituted by Ram Kumar. Briefly, the facts of the case are that plaintiff-appellant filed a suit under Section 229-B of the U.P.Z.A. and L.R. Act before the learned trial Court. A plea was taken that the plaintiff-appellant ousted the defendant-respondents from the land in suit just after a lapse of 3/4 years of the abolition of Zamindari. This plea was also taken that a suit under Section 176 of the U.P.Z.A. and L.R. Act became final between the parties in which the theory of ouster has been upheld upto Board of Revenue and became final. So this point cannot be re-assessed that the suit is not barred by principles of res-judicata. The learned trial Court decreed the suit of the plaintiff-appellant and accepted the theory of ouster taken by the plaintiff-appellant against which an appeal was preferred by the defendants before the Commissioner Bareilly. The learned Additional Commissioner set aside the judgment and decree passed by the learned trial Court and held that the plea of ouster cannot be taken in a suit under Section 176 of the U.P.Z.A. and L.R. Act and the reason given by the learned Additional Commissioner was that in a suit under Section 176 of the U.P.Z.A. and L.R. Act State is not a necessary party whereas the plea of ouster can be taken in a suit under Section 229-B of the U.P.Z.A. and L.R. Act in which the State is a mandatory party. Aggrieved by this order, second appeal has been preferred by the plaintiff-appellants.
(3.) I have heard the learned counsel for the parties and gone through the records carefully. The following substantial questions of law are involved in the present second appeal. “(i) whether a plea for ouster is maintainable in a suit under Section 176 of the U.P.Z.A. and L.R. Act? (ii) whether on the basis of the decision on this issue principles of res-judicata will be applicable?'' ;