JAI DATT Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an appeal by certificate against a judgment dated July 28, 1967, passed by the High Court of Allahabad in Special Appeal No. 352 of 1967. It ariese out of these facts:

(2.) Jai Dutt, appellant, was in possession of public land bearing Survey Nos. 130, 131A and 131B, with an aggregate area of 80 Bighas and 19 Biswas in the area of village Guljarpur Purramsingh, Tehsil Kalachungi, Dist. Nainital. The Public Authority, Nainital served a showcase notice dated August 26, 1963 under Section 3 (1) of the U. P. Land (Eviction and Recovery of Rent and Damages) Act, 1959 (hereinafter called the Eviction Act) on the appellant for his eviction from this land on the ground that he was in its unauthorised occupation. The appellant contested the notice on the ground that he was in its possession for more than 12 years and had acquired the rights of a hereditary tenant in the land under Sec. 180 (2) of the U. P. Tenancy Act. 1939 (for short called the Tenancy Act). On these premises, the appellant contended that the land was not 'public land' and as such, the Eviction Act had no application and the notice was illegal.

(3.) By its order dated October 31, 1963, the Public Authority dismissed the objections, holding that the appellat "has not filed any documentary evidence to show that the land in dispute was allotted to him by a competent authority, while the documents filed on behalf of the State show that it is a public land and "the O. P. (appellant herein) is trespasser thereon", and he is, therefore, liable to be evicted therefrom under Section 4 (1) of the Eviction Act. The Public Authority further assessed Rs. 12/- as damages payable by the appellant.