- (1.) RAM Janam Singh, J. This second appeal has been filed by Khursheed and another against the judgment and order dated 20- 2-1991 passed by learned Additional Commissioner, Meerut in Ap peal No. 29 of 1987 88 arising out of suit under Section 180 of U. P. Tenancy Act.
(2.) FIRST appeal had been filed against the order dated 16-12-1987 passed by learned Sub-Divisional Officer, Deoband in a suit No. 54 of 1986. Briefly facts of the case are that appeal No. 29 of 1987-88 was filed before the learned Additional Commissioner without supplying the certified copy of decree of the trial Court. The learned Ad ditional Commissioner held the appeal to be incompetent and dismissed the same accordingly. Feeling aggrieved by that order the present second appeal has been filed. I have heard the learned Counsel for the parties and seen the record of the case.
(3.) A perusal of the record shows that the suit filed by Rafiq and another had been dismissed by Sub- Divisional Officer by the order dated 16-12-1987. First ap peal lay against the judgment and decree passed by the trial Court. The plaintiff did not apply before the trial Court for getting the decree as recorded by law prepare and presented first appeal only by supplying the certified copy of order. The learned Additional Commissioner rightly held that the appeal to be incompetent After perusing the record of the case carefully I am in full agreement with the view expressed by the learned Addi tional Commissioner. The second appeal is not fit for admission and is dismissed accordingly. Appeal dismissed. .;