GAON SABHA Vs. DEO NATH

JUDGEMENT

(1.) This is a defendant's second appeal preferred against the judgement and decree dated 3.2.96, passed by the learned Additional Commissioner, Varanasi Division, Varanasi, arising out of an order dated 25.9.91 passed by the trial court in a suit under Sec. 229-B of U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff one Sukhdeo instituted a suit under Sec. 229-B of U.P.Z.A. and L.R. Act, for declaration in respect of the plot Nos. 2556/4-6-15 and 2557 area 8-18-0, situate in village Andhau, pargana and district Ghazipur. The trial court by means of its order 25.9.91 decreed the suit of the plaintiff. Aggrieved by this order an appeal was preferred before the learned Commissioner, Varanasi Division, Varanasi. The learned Additional Commissioner by means of his order dated 3.2,96 has dismissed the appeal; hence this second appeal.

(3.) Heard the learned counsel for the parties and have gone through the relevant papers on file.