GAON SABHA AND ANR. Vs. SITARAM

JUDGEMENT

(1.) INSTANT revision has been filed on behalf of Gaon Sabha, Sanegpur Pargana Mohammedabad Gahna; District Mau and State of U.P. by one Mohan; son of Dwarika professing himself to be the Pradhan of the aforesaid Gaon Sabha. Said revision has been filed against judgment and decree dated 21-5-1999 passed by Additional Commissioner; (Judicial); Gorakhpur Region; Gorakhpur; the Appellate Court, in Appeal No. 6/129/A- 1987 Sitaram v. Gaon Sabha and another, thereby allowing the appeal preferred by Sitaram; the plaintiff-respondent against the judgment dated 31-7-1987 passed by Assistant Collector Ist Class Azamgarh, the trial Court, in Suit No. 163, Sitaram v. Gaon Sabha and another, dismissing the suit of the plaintiff of the plaintiff respondent.

(2.) BRIEFLY stated the facts of the case are that the plaintiff Sitaram instituted a suit under Section 229-B of UPZA and LR Act seeking to declare him the Bhumidhar of plot No. 233/2 area 1.305 Kari situate at village Sanegpur Pargana Mohammedabad Tehsil Mau Nath Bhanjan District Mau implead in the Gaon Sabha Sanegpur and the State of U.P. as the respondents. Suit was filed with the averments; inter alia that the disputed plot has been continuing on under the possession and occupation of his ancestors and of himself from before the Abolition of Zamindari and after the Abolition of Zamindari the plaintiff became the Sirdar of the disputed land but on account of omission/mistake on the part of Lakhpal him name was omitted from being recorded in the Revenue Record against the disputed plot; that at present disputed plot is wrongly recorded as Khalihan in the Revenue Record. State of U.P. the Respondent No. 2 contested the suit by filing a written statement with the averments; in main; that the land in dispute is Gaon Sabha property and the suit is barred by the provisions of Section 49 of U.P. Consolidation of Holding Act of Section 80 CPC and of Section 106 of Transfer of Property Act.

(3.) AGGRIEVED the plaintiff respondent Sitaram preferred appeal; Number being 6/129/A-1987; Sitaram v. Gaon Sabha and another, against the decision dated 31-8-1987 of the trial Court and the appeal was allowed by the appellate Court on 21-5- 1999 on the ground that in the Khatauni of 1359 Fasli the name of the plaintiff Sitaram is recorded under Column Zaman-10-A for the last one year without the consent of Zamindar, that in the Khatauni of 1363 Fasli to 1365 Fasli; Sitaram has been recorded as Sirdar of the disputed land for the year preceding the year 1360 Fasli; that in the Khasra of 1377 Fasli to 1388 Fasli the name of Sitaram has been recorded as original tenant (Asal Kastakar) of the disputed land; that in the Khasara of 1359 Fasli the name of Sitaram has been recorded as Asal Kastakar of the disputed land. Thus, the possession and occupation of Sitaram over the disputed land is established from before the Abolition of Zamindari in view of the aforesaid evidence which is supported by the oral evidence laid by the plaintiff as no evidence has been laid by the defendant demolishing the said evidence in favour of the plaintiff; hence plaintiff (sic).