SHAMSHER SINGH (D.) BY L.RS. Vs. STATE

JUDGEMENT

(1.) THIS second appeal, preferred under Section 100 of the Code of Civil Procedure, 1908 (hereinafter referred as 'C.P.C.'), is directed against the judgment and decree dated 27.8.1979, passed in Civil Appeal No. 72 of 1979, by lower appellate court (Civil Judge, Nainital), whereby the judgment and decree dated 14.5.1979, passed in Original Suit No. 45 of 1976, by Munsif, Kashipur, dismissing the suit, is affirmed. (Earlier Tehsil Kashipur was part of district Nainital).

(2.) HEARD learned Counsel for the parties and perused the papers on record.

(3.) THE Defendant (State) contested the suit and filed its written statement in which it is pleaded that Shamsher Singh (Plaintiff) is not the tenure holder of the plots in suit. It is also pleaded by the Defendant that the Plaintiff fraudulently got declared himself Sirdar and it has no affect on the proceedings under the U. P. Imposition of Ceiling on Land Holdings Act, 1960. It is further alleged by the Defendant State that possession of plots in suit was taken by it on 22.5.1975. Challenging the validity of notice under Section 80 of C.P.C., the Defendant further challenged the jurisdiction of the civil court to try this suit.