LAWS(ALL)-1990-3-86

BIRENDRA NATH SINGH Vs. SHIVJI

Decided On March 19, 1990
BIRENDRA NATH SINGH Appellant
V/S
SHIVJI Respondents

JUDGEMENT

(1.) This is second appeal against the Judgement dated 8-10-1984 of the learned Additional Commissioner by which he dismissed the appeal and upheld the order dated 20-12-1983 of the trial court.

(2.) Heard the learned counsels for the parties and have also gone through the relevant papers on file.

(3.) The facts in brief are that on 15-2-1980 a suit under Sections 229-B/ 176 of U.P. Act No. 1, 1951 was filed by Shivji and others against Ravindra Nath and others. It is alleged that the land in dispute is ancestral property and there was a registered patta in favour of Ram Awadh (Grand-father of defendant) and Suraj Deo (father of the plaintiffs). This patta was executed on 23-11-1936; hence plaintiffs sought for a declaration that they are co-tenants to the extent of 1/2 share of the land in suit. On 6-6-1980 written statement was filed by Birendra Singh and others. They denied the right of plaintiffs and alleged that it was not ancestral property. This property was acquired exclusively by the ancestor of the defendants and they are exclusive owner. It is also alleged that so called patta was never executed and it was never acted upon, the plaintiffs were not in possession.