Nandwa vs State of U.P.

Ram Janam Singh, Member.

Nandwa has filed this second appeal against the judgment and decree dated 5899 passed by learned Additional Commissioner, Meerut.

I have heard the learned Counsel for the appellant and perused the judgments of the Courts below.

Plaintiffappellant filed a suit under Section 229B of the UPZA and LR Act before the trial Court for declaration on the basis of adverse possession over the land in suit from before 30675. The learned trial Court after considering the evidence on record dismissed the suit against which appeal was preferred before the Commissioner Meerut which too was Jismissed on the ground that the plaintiffappellants not a member of Scheduled Caste. The benefit under Section 122B (4F) of the Act is available to the Members of Scheduled Caste and Scheduled Tribes Communities. Both the Courts have dismissed the claim of the plaintiffappellant on the ground that the plaintiff appellant is not a member of Scheduled Caste, hence the benefit available under Section 122B (4F) of the Act cannot be given to him.

I agree with the concurrent findings recorded by both the Courts below. There is no illegality or any material irregularity in the judgments of the Courts below which may warrant interference. The second appeal has no force and is accordingly dismissed summarily.