AHAD Vs. SAMAD & ORS.

JUDGEMENT

(1.) THIS Second Appeal has been filed by Ahad against judgment and decree dated 26-8-1996 passed by Additional Commissioner, Judicial, Gorakhpur Division, Gorakhpur in Appeal No. 9/A/1993 allowing the appeal preferred by Hari Lal & others against the order dated 24-11-1993 passed by Parganadhikari, Phoolpur, Azamgarh in Suit No. 149/318 under Section 229-B of U.P.Z.A. & L.R. Act decreeing the suit.

(2.) BRIEFLY stated the facts of the case are that Ahad instituted a suit under Section 229-B of U.P.Z.A. and L.R. Act with the averments that Plot No. 223 admeasuring 760 Kari situate at village para originally belonged to one Ishahak; that plaintiffs is co-bhumidhar with defendant Ist set having 1/4 share in the disputed plot, that defendant, Samad dissuaded the Lekhpal concerned from entering the name of plaintiff in the revenue record with respect to disputed plot and thus he prayed that the plaintiff be declared as co-tenure-holder with defendant with respect to disputed plot. Defendant filed objection denying plaint allegations. Harilal filed the objection denying the plaint allegations with further averments that Defendant No. 1 is the co-bhumidhar with defendant Ist set with respect to disputed plot; that during consolidation the disputed plot was allotted in the joint Chak of Hanif and Samad and he has purchased an area of 280 Kari in the disputed plot under the registered sale-deed dated 30-6-1980 from them and since then he is co-bhumidhar in possession; that no objection was raised by the plaintiff during consolidation, hence suit is barred by Section 49 of C.H. Act. Similarly, defendant Mewati filed an objection denying plaint allegations with further averments that she has purchased an area of 240 Kari in disputed plot 223 from Samad, S/o Ishahak through registered sale-deed dated. 23-3-1993 and since then she is co- tenure-holder in possession over the disputed plot, that plaintiff raised no objection during consolidation proceeding, hence suit is barred by Section 49 of C.H. Act. Thus, they have prayed for dismissal of the suit.

(3.) I have heard learned counsels for the parties and perused the record.