SABNAPTI Vs. BOARD OF REVENUE, U. P. ALLAHABAD

JUDGEMENT

(1.) This petition is directed against the order of the Board of Revenue dated Feb. 27, 1978 dismissing the plaintiffs suit filed under S. 229-B of U. P. Z. A. & L. R. Act mainly on the ground that it was barred by time.

(2.) The petitioner was a member of Armed Forces. He applied for the allotment of some land to him as a landless person. The allotment was made and a lease was executed in his favour by the Pradhan of Gaon Sabha Ayubpur, Pargana Baraunsa, Tahsil and District Sultanpur on April 4, 1963. It appears that at the instance of some persons interested in the land, proceedings under Sec. 198 of U. P. Z. A. & L. R. Act were taken against him for the cancellation of the lease. The lease was cancelled by the S. D. O. by an order dated May 14, 1970. The petitioner went up in appeal against that order which was dismissed on Sept. 16, 1970. The petitioner then filed the suit giving rise to this petition under Sec. 229B for a declaration that he was the Sirdar of the land leased out. to him by the Gaon Sabha and its cancellation was invalid in law. The Gaon Sabha supported the claim of the petitioner. The State of U. P. contested the suit. According to the State the lease was rightly cancelled and the petitioner was bound by the cancellation order passed by the S. D. O. The petitioner has asserted in the petition that no plea of limitation was raised in the written statement filed by the State.

(3.) The trial court dismissed the suit holding that the lease granted by the Gaon Sabha in favour of the petitioner was rightly cancelled and in that connection he relied upon the statement of one Gaya Prasad, Lekhpal in proceedings-under Sec. 198 of the U. P. Z. A. & L. R. Act. The petitioner was accordingly found to be having no title to the land in dispute. Aggrieved the petitioner went up in appeal and the appeal was dismissed on the ground that the suit was barred under serial No. 24.A of Appendix III of the Z. A. & L. R. Rules. According to the Additional Commissioner the suit was one as contemplated by Sec. 198 (4) of the Z. A. & L. R. Act and the limitation for filing such a suit was six months from the order of ejectment. Sec. 198 deals with the allotment of land to persons mentioned therein. Sub-section (2) of that Sec. provides for the cancellation of allotments. Sub-section (3) then states as follows:-