JUDGMENT S.K. Lakhtakia, Member - This is a second appeal under Section 331 of the U.P. Act No. 1 of 1951 against the judgmet and decree dated May 21, 1973 passed by Addl. Commissioner, Meerut Division, Meerut confirming the judgment and decree dated January 23, 1971 passed by Judicial Officer (Revenue) Meerut in suit No. 166 of 1969-70. 2. The facts of this case in brief are that the plaintiff-appellant brought a suit under Section 229-B/209 of the U.P. Act No. 1 of 1951 on the ground that his brother Chandrabal was the recorded tenure-holder but he has not been heard of more than 7 years, hence he should be presumed to be dead and the plaintiff should be declared his heir being a real brother and the Bhumidhar of the land. It was also alleged that the defendant Gopi had forcibly occupied the land from October 1969, hence he should be ejected. 3. The defendant Gopi contested the suit alleging that he has perfected his title by being in adverse possession for more than 12 years and that the death of Chandrabal had not taken place though he had left village about 20 years back. 4. The trial court dismissed the suit holding that the plaintiff had failed to prove that Chandrabal had not been heard of more than 7 years. The same judgment was upheld in appeal, hence this second appeal. 5. Heard the learned counsel for both the parties. Perused the record. 6. The main point for consideration in this appeal is whether the plaintiff has proved that Chandrabal had not been heard for more than 7 years and, therefore, should be presumed to be dead. 7. In my opinion this point of fact of which the finding of both the courts below are concurrent. Hence it would not be possible at this stage to interfere in that finding. No other point of law arises in such circumstances. 8. I find the appeal having no force accordingly it is dismissed.