This is a second appeal under Section 33 1 of UPZA and LR Act, preferred against the judg ment and order dated March 31, 1997 passed by the learned Addl. Commis sioner, Moradabad Division, Moradabad, arising out of an order dated 19 2- 96 and decree dated 1 1 -3-96 passed by the learned trial Court in a suit under Section 176 of UPZA and LR Act.

2. Brief and relevant facts of the case are that plaintiff Mohd. Ali Khan in stituted a suit under Section 176 of UPZA and LR Act, with the prayer that his 1/2 share over the disputed holding as detailed in para I of the plaint, be set apart and the possession of the same be delivered to him. The learned trial Court after completing the requisite trial has decreed the aforesaid suit on February 19, 1996. Ag grieved by this order an appeal was preferred. The learned Addl. Commis sioner has upheld the aforesaid order passed by the learned trial Court and dis missed the appeal. Hence, this second ap peal.

3. I have heard the learned Counsel for the parties and perused the record on file. For the appellant it was contended that the judgment and decree passed by the learned trial Court is erroneously arbitrary mala fide in the e