MUNSHI MUQBOOL RAZA Vs. HASAN RAZA

JUDGEMENT

(1.) The appellant filed Suit No. 275 of 1949 in the Munsif"s Court, Badaun, against the respondent for recovering possession of plots Nos. 231 and 289 admeasuring about 7 bighas and situated in the village of Khakholi, District Badaun. The suit was filed on the allegation that Mst. Aqila Khatoon, who was the original owner of the plots, had leased them out to the appellant but that the respondent trespassed on the plots by procuring a false entry in the village records in the year 1356 Fasli. The suit was resisted by the respondent on the plea that he was in possession of the plots as a tenant since 1352 Fasli, and, therefore, the plaintiff had no right to evict him from the plots. The U. P. Zamindari Abolition and Land Reforms Act, I of 1951, came into force during the pendency of the suit upon which the respondent raised an additional contention that he was in possession of the plots as a sub-tenant.

(2.) The trial court decreed the suit for possession and for damages holding that the respondent had no right to remain in possession of the plots. That judgment was confirmed in appeal by the learned District Judge, Badaun. Stated briefly, the learned Judge held that the entries in the Revenue record, which purported to show that the respondent was in possession of the plots, did not reflect a true state of affairs, and, therefore, the respondent was liable to be evicted.

(3.) The respondent then filed second appeal No. 413 of 1955 in the Allahabad High Court, which was allowed on February 27, 1968. This appeal by special leave is directed against that judgment.