JUDGMENT Bhairo Prasad, Member. - This second appeal has been filed under Section 331 (4) of U.P. Act No. 1 of 1951 against the decree and judgment of Addl. Commissioner (Admn.) Kumaun Division, Nainital dated 18.11.1982 in Appeal No. 74/226 of 1981-82 dismissing the appeal which was filed against judgment and decree of the Assistant Collector, 1st Class Bhawar Haldwani, Nainital dated 24.11.81 in suit No. 22/38 of 1979/80 dismissing the suit. 2. Brief facts of the case are that the appellant filed a suit under Sec. 229-B of U.P. Act No. 1 of 1951 in the trial court on the basis of possession. He also alleged that the land was sold to him by the father of the opposite parties and agreement was entered into between the parties on 8.1.1969. He is in possession on the basis of that transaction, therefore, he should be declared bhumidhar of the suit plot. The suit was contested by the State Government and other defendants 1 to 3. They denied the transfer and pleaded that they are in possession. The trial court after taking the evidence of the parties dismissed the suit on 24.11.81. The appellant filed first appeal before the Addl. Commissioner. The Addl. Commissioner has also dismissed the suit. Both the courts has recorded that the appellant is not in possession and have not accepted the agreement. Against this finding this second appeal has been filed. 3. I have heard the appellant perused the record. Counsel for the respondent is absent. 4. Both the courts have given concurrent finding about the possession as well on the agreement. I have carefully also seen the evidence on record. There is no such evidence to rebut the finding recorded by both the Courts below. No legal point also is involved in this second appeal. The agreement cannot be enforced unless it is specifically enforced in the Civil Court. In these circumstances there is no force in this appeal. Appeal is dismissed. Costs on parties.