DEOKINANDAN Vs. SURAJPAL

JUDGEMENT

(1.) This court had given time on 1/9/1995 to Mr K. K. Gupta, Advocate, to file counter-affidavit within four weeks from that date and on failure to do the same, it was stated that he would forfeit the right to file the counter-affidavit and the matter would be disposed of on merits without reference to any counter affidavit. The petitioner had already served the notices on all the other respondents and dasti service also was effected. Notices accordingly have been served, but counter-affidavit has not been filed till today. The right to file counter-affidavit is forfeited.

(2.) Leave granted.

(3.) The controversy is no longer res Integra. Admittedly, the suit lands are governed by the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1951 (for short 'the Act'). The appellant had raised the objection to the jurisdiction of the civil court in his defence in the trial court. He pleaded thus: