JHARKHANDEY Vs. STATE OF U.P. AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Shri Bhawesh Pratap Singh for the respondent no. 4. The writ petition arises out of a suit for declaration under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act filed by the predecessor-in-interest of the respondents.

(2.) This suit was filed seeking declaration regarding plot no. 184Ka area 2.72 acres recorded as 'Pokhri'. It was the case of the plaintiff that the defendants, predecessor-in-interest of the petitioner were wrongly recorded over this plot. They belonged to a different family and have no concern with the same. The plaintiff claims to be the defendant of one Chekhuri.

(3.) The suit was contested by the defendants claiming that Chekhuri had two sons, Babu Lal and Damdi. The plaintiff belonged to the branch of Babu Lal and that the defendants belonged to the branch of Damdi. They (defendants) were the descendent of Bahadur son of Damdi. The trial court decreed the suit finding that the caste of the plaintiff, in the death register extracts, was shown as 'Kahar' while that of the defendant was recorded as 'Dheemar'. They therefore, could not belong to the same family.