BHAGWAN SINGH Vs. MADHO SINGH

JUDGEMENT

(1.) This is a plaintiffs' second appeal under Sec. 331 of U.P Act No. 1 of 1951 against the Judgement and decree of the Additional Commissioner, Agra Division, Agra Division, Agra dated 5-9-1975 dismissing the appeal against the Judgement and decree of Assistant Collector, 1st Class, Agra dated 24-4-1973 dismissing the plaintiffs suit under Sec. 209 of U.P. Act No. 1 of 1951.

(2.) The facts of this case may be summarised as follows:-

(3.) The defendants filed separate written statements. The defendant Madho Singh admitted his possession on plots No. 1202, 1206, 1207, 1208 while the defendant Chhetaria claimed possession only two plots namely 1210 and 1213. Their defense is that they have been in possession for more than 25 years and had perfected their title by adverse possession and the suit is not cognisable by the revenue court and that the damages are exorbitant and is bad for misjoinder of parties. It was also alleged that till the de-notification under Sec. 52 of the C. H. Act this suit could not be filed.