JUDGMENT Bhairo Prasad, Member. - This appeal has been filed under Section 331(4) of U.P. Act No. 1 of 1951 against the order of Additional Commissioner, Agra Division, Agra dated 19.4.1984. 2. Brief facts of the case are that in a partition suit under Section 176 of U.P. Act No. 1 of 1951 final decree was prepared and it was confirmed on 28.6.1983. Against that decree and order appeal was filed before the Additional Commissioner which was dismissed by the above decree and judgment, hence this second appeal. 3. I have heard the learned counsel for the appellant. No one is present on behalf of the respondent. The learned counsel for the respondent Sri V.C. Misra have refused to receive the notice. The notice was sent to the learned counsel as he has already appeared on behalf of the respondent. 4. The main contention of the learned counsel for the appellant that the lots prepared according to the possession of the parties but the allotment has not been done according to the possession of the parties. Hence this appeal is allowed and the case is remanded to the trial court that it should ascertain the possession of the parties regarding plot No. 169 as to which the party is on which side in possession. On the basis of that lots should be allotted afresh for plot No. 169 only. For the rest of the plot the final decree have become final.