JUDGMENT I.B. Singh, Member. - This is a plaintiff's appeal against judgment and decree dated May 26, 1982 passed by learned Additional Commissioner, Agra Division, Agra, allowing appeal No. 154 of 1980-81 and remanding the case to the trial court for impleading Collector as Incharge of Nagar Palika as a necessary party as the disputed land exist within Nagar Palika, Firozabad, by setting aside judgment and decree dated May 20, 1981 passed by S.D.O. Firozabad district Agra, decreeing plaintiff's suit under Section 229-B of Act I of 1951. 2. The facts of the case need not be stated as the simple question involved is whether Collector is a necessary party as Administration of Nagar Palika, Firozabad as the disputed land in admittedly within the limits of Nagar Palika, Firozabad. 3. I have heard the learned counsel for the parties and have perused the record. 4. It has been argued that the Collector was impleaded on behalf of the State and if he was interested in the suit as Administrator of Nagar Palika he ought to have come forward in that capacity for contesting the suit; that unless notification under Section 117 of Act, I of 1951 is issued for management by the Nagar Palika the management by the Gaon Sabha shall continue. Reliance has ben placed on Mohammad Shafi v. Gram Sabha, village Bisauli, 1970 R.D. 450 (D.B.) and Jugal Kishore v. State of U.P. and others, 1971 R.D. 502. 5. It has been argued in reply that it has been held by the trial court while deciding issues Nos. 4, 5 and 6 that the disputed land is under the Municipal limits of Nagar Palika, Firozabad, therefore, Nagar Palika through Collector was a necessary party and the order of the lower appellate court is highly justified. 6. The mere fact that the disputed land has been declared to be within the limits of the Nagar Palika, Firozabad is not enough to transfer the management of the disputed land to Nagar Palika unless a notification is issued under Section 117(3) or (6) of Act I of 1951 the right of management of the disputed land shall continue to vest in the Gaon Sabha concerned and the Nagar Palika will not, being vested with the right of management of the disputed land, be a necessary party. Reliance has been rightly placed on 1970 R.D. 450 (D.B.) and 1971 R.D. 502 (supra). Reliance has been rightly placed on 1970 R.D. 450 (D.B.) and 1971 R.D. 502 (supra). 7. The lower appellate court had failed to consider this aspect, therefore, its order is erroneous and is not sustainable and is liable to be set aside and the first appeal is liable to be remanded to it for deciding the first appeal on merits. It shall be open to the lower appellate court to decide whether Nagar Palika through Collector is a necessary party or not which shall be decided after considering whether management of the disputed land by Nagar Palika has been notified by the State to the Nagar Palika or not as provided by Section 117(3) or (6) of Act I of 1951. 8. In view of the above, this appeal is allowed. The judgment and decree passed by the lower appellate court is set aside and the first appeal is remanded to it for deciding the first appeal on merits according to the aforesaid directions.