STATE OF U.P. Vs. HAR PRASAD

JUDGEMENT

(1.) THIS revision has been filed by State of U.P. against the order dated 13-11-98 passed by learned Additional Commissioner, Jhansi in ap­peal No. 136/29 of 1995-96 under Section 229-B of the UPZA and LR Act. By the impugned order the learned Additional Commissioner, allowed the appeal set aside the order of the trial Court and decreed thesuitof the plaintiffs.

(2.) BRIEFLY the facts of the case are that Har Prasad etc. instituted a suit for the declaration that they were bhumidhars with non-transferable rights of the land in question on the ground that they are the persons belonging to the Scheduled Caste, that they come with in the category of land­less agricultural labourers, that they were in possession on the relevant dates, that they do not possess the land in excess so the prescribed limit and that they are entitled to get the benefit of Section 122-B (4-F) of the UPZA and LR Act. The suit was con­tested. The learned trial Court dismissed the suit. On appeal the learned Additional Commissioner allowed the same and decreed the suit of the plaintiff. State has now come up in second appeal.

(3.) A perusal of the record reveals that the plaintiffs have succeeded in proving that they are entitled to get the benefit of Section 122-B (4-F) of the UPZA and LR Act. Admittedly they are the persons belonging to Scheduled Caste and come with in the category of landless agricultural labourers. They have proved their posses­sion from before the 30-6-85. They would be deemed to be in'possession atleast from 3-6-95. They have thus acquired rights on the basis of the privilege given to them by Section 122-B (4-F) of the UPZA and LR Act. The learned Additional Commis­sioner considered the material on record and rightly decreed the suit. I do not see any ground to interfere in this revision.