SONAWATI Vs. RAM

JUDGEMENT

(1.) A piece of agricultural land bearing Survey Nos. 723/2, 724, 725 and 726 of Naugawan, Tahsil Fatehabad, District Agra, originally belonged to two brothers Tota Ram and Lajja Ram. Tota Ram and Lajja Ram were declared to be bhumidhars in respect of that land and a sanad was issued in their favour under S. 7 of the U. P. Act 10 of 1949. On October 20, 1951, Tota Ram and Lajja Ram sold their interest in the land to two brothers Sri Ram and Ram Prasad - who will hereinafter be called 'the plaintiffs'. Disputes arose thereafter about the possession of the land between one. Pritam Singh and the plaintiffs, and proceedings under S. 145 of the Code of Criminal Procedure were started before the Sub-Divisional Magistrate at the instance of Pritam Singh. The Sub-Divisional Magistrate attached the kind and called upon the parties to agitate the dispute as to their respective rights there in a civil suit.

(2.) The plaintiffs then commenced an action in the Court of the Munsif, Fatehabad, against Pritam Singh and Tota ham for a declaration of their rights as bhumidhars in possession of the land in suit and for an order "expunging" the name of Pritam Singh from the revenue records. Pritam Singh resisted the suit contending, inter alia, that the land was abandoned by Tota Ram and Lajja Ram and that since it was under his cultivation continuously since Fasli year 1356 (the year commencing from July 1, 1948 and ending on June 30, 1949) , he had acquired the rights of an adhivasi in the land and he was not liable to be evicted from the same. The Munsif referred the following issue arising out of the pleadings to the Assistant Collector, Agra, for decision:

(3.) It was not the case of Pritam Singh that he has acquired title to the land by transfer or by adverse possession. Pritam Singh relied merely upon the entries in the Khasra for 1356 Fasli, and his claim of possession of the land in Fasli 1359, and upon statutory consequences arming from the entries under S. 20 (b) of the U P. Zamindari Abolition and Land Reforms Act 1 of 1951, and S. 3 of the U. P. Land Reforms (Supplementary) Act 31 of 1952. The U. P. Zamindari Abolition and Land Reforms Act 1 of 1951 was brought into force from July 1, 1952. By S. 20 certain right were conferred upon persons whose names were recorded in the revenue records in respect of agricultural land. The material clause (b) of S. 20 on which reliance is placed reads as follows.