BABOO RAM Vs. SHIV ASHREY

JUDGEMENT

(1.) The petitioner Baboo Ram, claiming rights of adverse possession over the land in dispute, which is a holding governed by the provisions of the Uttar Pradesh Zmindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as 'the U.P.Z.A. & L.R. Act, 1950'), has come up before this Court assailing the orders of the Courts below non-suiting him on the ground that the petitioner has failed to establish his claim, and that the land cannot be said to have devolved on the petitioner or even otherwise inherited by him.

(2.) The contention of the petitioner is that late Ram Pher, the father of the respondents 1, 2 and 3, was the recorded tenure holder and the petitioner's uncle Hari Prasad @ Prasad had entered into possession adverse to late Ram Pher and since the possession was continued long and uninterrupted since 1358 Fasli (1951 AD), he had perfected a right by adverse possession.

(3.) The respondents Zamir and Musir claimed that they had purchased the land from one Mata Saran on 6.10.1962 and also one of the tenants-in-chief alongwith Ram Pher. There was an inter se dispute between Ram Pher, Zamir and Musir. One Ram Jatan also filed a suit for declaration against Bona (father of Ram Pher) and Zamir claiming rights over the land in dispute. This was a suit under Section 229-B of the U.P.Z.A. & L.R. Act, 1950 which was decreed on 28.5.1985 but on appeal, the same was reversed. A second appeal was filed against the same before the Board of Revenue and the matter was remanded back to the appellate Court.