Chhote Lal vs Har Deo

N.S. Ravi, Member.

This second appeal has been filed against the judgment and decree dated 14696/28696 passed by learned Additional Commissioner II, Jhansi Division, in first Appeal No. 26/11 of 9495 arising out of the judgment and decree by S.D.C. Jhansi in Case No. 76 of 9192 under Section 176 of the U.P.Z.A. and L.R. Act.

The only relief sought by the appellant is that before confirming the Qurras at the level of the trail Court the appellant should have been afforded opportunity of being heard and putting up his as which was not done the plots numbers were confirmed exparte in his absence. From a persual of the order passed by the learned trial Court it is clear that the case was fixed for objection for 2195, on which date the appellant was not present in the Court, therefore, the final order was passed exparte, on the basis of the arguments submitted by the applicants advocate and after perusal of the record. The learned appellate Court also turned down in request and dismissed the appeal. Regarding shares in the disputed land there is no dispute. The only dispute is about the specific Qurras allotted and that to on the basis possession, construction of permanent nature and tubewell etc. as well as difference of utility and potential of different Qurras. The learned trial Court ought to have afforded opportunity before confirming the Qurras in the interest of justice. The second appeal deserves to be allowed on this count alone which is hereby allowed. The order passed by the trial Court and the first appellate Court are set aside. The case is remanded to the trial Court for passing fresh orders as per law after giving full opportunity of being heard to both the parties.