CHHEDA SINGH Vs. TOWN AREA COMMITTEE AKBARPUR

JUDGEMENT

(1.) The defendant-appellant has challenged the concurrent finding recorded by all the Courts below. The Trial Court decreed the suit of the respondents for recovery of possession which was confirmed by the first Appellate Court and also by the High Court in the second appeal. The only point raised by the learned counsel for the appellant is that once question of the validity of Bhumidari Sanad being raised by the respondent in an earlier proceedings and that having become final the question raised now that appellant is not Bhumidar of the disputed land cannot be raised and for this the Civil Court would have no jurisdiction.

(2.) Having heard learned counsel for the parties and after giving our consideration we do not find any merit in the submission. The jurisdiction of the Civil Court is only ousted by virtue of Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Under it the jurisdiction of the Civil Court is only excluded in case it falls under Col. 4 or under Col. 3 of Schedule II. So far as proceeding for cancellation of the Bhumidari is concerned, it is a matter covered under Section 137-A of the said Act, which is not referred in Col. 3 of the said Schedule. This apart, ouster of Civil Court jurisdiction under the said Act would only arise if defendant could be a tenant under the said Act or in other words there existed such basic fact, before coming in force of the said Act, to qualify him to be such. We find the finding recorded is that the appellant was not even in cultivatory possession over the land in dispute prior to the coming of the said Act. The Bhumidari Sanad was granted in view of his being wrongly recorded as Sirdar. Once the basic fact is recorded by Courts below that he was not in cultivatory possession prior to the Act. Question of any entry as Sirdar cannot stand and for adjudicating this the Civil Court jurisdiction is not ousted.

(3.) The appeal has no merit and is dismissed.