RANVIR SINGH Vs. SMT. SATYAWATI

JUDGEMENT

(1.) These are two second appeals no. 69 and 70 of 82-83 of district Bareilly filed by Ramvir Singh and Hem Singh respectively against the common order passed by Additional Commissioner, Bareilly in Appeal No. 1140/77 and 68/1131 of 1981-82 Ramvir Singh Vs. Smt. Satyawati and Hem Singh Vs. Smt. Satyawati which were preferred against the judgment decree dated 16-8-1982 in suit no. 11 of 1981-82 passed by Sub-Divisional Officer, Faridpur district Bareilly under Sec. 229-B/209 of the U.P. Zamindari Abolition and Land Reforms Act to be called the 'Act' hereinafter.

(2.) Since both the appeals filed in this court are against the same order, I am inclined to dispose them of with this common judgment and order as consolidated appeals.

(3.) The facts of the case are that plaintiff-respondent Smt. Satyawati wife of Amar Singh and Smt Rajwati wife of Sujan Singh resident of village Deeppur, pargana and tehsil Faridpur district Bareilly brought a suit in the court of Assistant Collector, First Class and Sub-Divisional Officer Faridpur district Bareilly impleading defendant-appellants Hem Singh and Ramvir Singh along with several others as defendants with the allegations that plot no. 160 area 10 biswas and plot no 161 area 2 bighas 2 biswas situate in village Tiraha, Pargana and Tehsil Faridpur district Bareilly are the bhumidhari tenancy land of the plaintiffs and originally defendants no. 3 to 6 Brij Nandan and others were bumidhars of this land who transferred the same in favour of plaintiffs under a registered sale deed dated 11-7-1966 and handed over possession while defendants no 1 and 2 Hem Singh and Ranvir Singh have got no concern with the land in suit nor they have ever been in possession but as a result of their cunningness they could manipulate entries in their names in revenue records which have got no legal affects on the rights and title of the plaintiffs The plaintiffs, therefore, sought ejectment and expunction of entries in the name of defendants. The suit was contested by the appellants Ranvir Singh and Hem Singh and a written statement was also filed by defendants Brij Nandan and others. After concluding the trial of the suit on the basis of the documentary and oral evidence the Sub-Divisional Officer Faridpur/Assistant Collector First Class decreed the suit under his judgment and decree dated 16-8-1982 and ordered ejectment of defendants no 1 and 2 who are the appellants. The defendants feeling aggrieved came before the Commissioner and filed two separate appeals one by Ranvir Singh and the other by Hem Singh which both were decided by the Additional Commissioner Bareilly under a common judgment and order dated 17-5-1983 whereby both the appeals were dismissed with costs which has paved the way for the litigation to come to this court in second appeals which have been separately filed by Hem Singh and Ranvir Singh.