GRAM SABHA BESAHNI Vs. RAM RAJ SINGH

JUDGEMENT

(1.) The plaintiffs/respondents flied a suit No. as of 1957 under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1951 (No. I of 1951) (hereinafter referred to as "the Act"), claiming possession of five plots Nos. 729/2, 725/2, 723/2, 881/2 and 330/3 on the ground that they were Sirdars of plot No. 330/3 and Bhumidars of the remaining plots. The main allegation was that the Chairman of the Gram Samaj of the village, in which the plots were situated, had, for certain reasons, filed an application before the Sub-Divisional Officer under Section 212-A of the Act for dispossession of the plaintiffs/respondents on the ground that these lands were of public utility and they vested in the Gram Samaj. The Sub-Divisional Officer, purporting to act under S. 212-A of the Act, passed an order for dispossession of the plaintiffs/respondents and granted possession of the lands to the appellant, Gram Sabha, Besahani. That order purporting to he under S. 212-A of the Act was challenged as invalid and, on that basis, possession was claimed from the appellant under S. 209 of the Act, alleging that the possession of the appellant was without any legal right. The suit was-defended on behalf of the appellant on various grounds as a result of which the following ten issues were framed by the trial Court -

(2.) Two points have been raised in this appeal on behalf of the appellant before us. The first point is that the High Court was wrong in holding that the order passed under S. 212-A of the Act by the Sub-Divisional Officer was not valid, and on that basis decreeing the suit which was clearly time-barred, as it was not instituted within six months of the order of ejectment passed by the Sub-Divisional Officer under S. 212-A (6) of the Act. This ground raised in the appeal has to be rejected, as we are of the opinion that the High Court was perfectly correct in holding that the order of the Sub-Divisional Officer under S. 212-A of the Act was not valid and, consequently, the provisions of S. 212-A (7) of the Act were never attracted to the present dispute. Section 212-A (6) And (stet) are as follow:-

(3.) It is true that, in accordance with Entry at Sl. No. 32-B of Appendix III read with Rule 338 of the U. P. Zamindari Abolition and Land Reforms Rules, 1952 (hereinafter referred to as 'the Rules"), a suit to establish a right claimed in accordance with S. 212-A (7) of the Act has to be instituted within six months. In pursuance of that right claimed, possession can also be claimed; and, if the suit for establishing the right fails, the right to obtain possession would also become time-barred. Consequently, under S. 189 (c) of the Act, the person concorned, who fails to institute the suit within this period of limitation in accordance with S. 212-A (7) of the Act, would have his interest in the land extinguished. This provision, however, will only apply to cases where a valid order has been made under S. 212-A of the Act and the person concerned has been dispossessed in pursuance of such an order. In the present case, we have held that the order, in pursuance of which the respondents were dispossessed was not a valid order under S. 212-A (6) of the Act and cannot be held to be an order under that provision of law, so that the respondents in this case must be deemed to have been deprived of possession- otherwise than in accordance with law. In such a case, a suit clearly lay against the appellant under S. 209 of the Act and such a suit could be instituted within six years from the date that unlawful possession was taken by the appellant in accordance with Entry at Sl. No. 30 of Appendix III read with R. 338 of the Rules. The present suit was admittedly brought within this period of limitation and was, therefore, not time-barred. The High Court was, therefore, right in holding that the claim of the plaintiffs/respondents could not be defeated on this ground.