( 1. ) THIS appeal has been preferred by appellant/plaintiff against the impugned judgment and decree dated 20-8-1990 passed by First Appellate Court dismissing his suit.

( 2. ) NO exhaustive statement of facts are necessary for the disposal of this appeal. Suffice it to state that a suit for possession was filed in respect to certain agricultural land which is the subject-matter of the suit. The suit was filed simplicitor for possession. According to the plaintiff, she is the Bhumiswami of land in question and was illegally dispossessed by the defendant. Hence she filed suit for possession.

( 3. ) THE averments made in the plaint were denied by the defendant in the written statement. The Trial Court after framing necessary issues and recording the evidence decreed the suit of plaintiff.

( 4. ) AN appeal was preferred by the defendant before the First Appellate Court which has been allowed and the suit has been dismissed on the ground of maintainability. According to First Appellate Court a simplicitor suit for possession of agricultural land was not maintainable since the same is barred under Section 257 of the Land Revenue Code, 1959 (in short the Code ). Hence this second a