JUDGMENT

R.S. Verma, Member. - This second appeal is against the judgment and decree dated August 17, 1981 passed by Sri N.S. Mathur, learned Additional Commissioner. He allowed the appeal of Smt. Chandrawati defendant-Appellant.

2. Dulare had filed a suit against Chandrawati under section 209 Z.A. and L.R. Act on the ground that he was tenant of the land in suit and that he had been held as such by the consolidation courts. He further alleged that the consolidation courts ordered that the name of defendant 1 to 3 shall be recorded in class 9 is the Khatauni. He alleged that in July 1967 the defendant forcibly occupied the land in suit. He also mentioned that the disputed plots were out of consolidation scheme and hence the consolidation authorities have no right to deliver the possession to the plaintiff; The suit was contested by the defendants. The learned trial court decreed the suit of the plaintiff and ordered that the defendants shall be ejected.

3. The learned Additional Commissioner had decided the appeal against the plaintiff on the sole ground that at the time of filing of suit the village was still under consolidation scheme and hence the suit was barred by Section 49 of