MOHD. HASAN KHAN Vs. SUSHIL KUMAR AND OTHERS

JUDGEMENT

(1.) All these four appeals have been filed on behalf of the defendants against the orders of remand passed by Sri T. C. Hariomal, Second Additional Civil Judge, Sultanpur, in the first three connected first appeals from order and by Sri R.C. Verma, First Additional Civil Judge, Sultanpur, in the connected first appeal from order No. 48 of 1959.

(2.) The plaintiffs-respondent Nos. 1 to 3 brought five suits under Sec. 202 of the U.P. Zamindari Abolition and Land Reforms Act on the allegations that they along with Saltanat Husain Khan, respondent, were the co-bhumidhars of the plots in dispute and that the defendants, who are now appellants in this Court, were Asamis and were liable to be ejected from the land in suit. It was stated that these plots belonged jointly to Saltanat Husain Khan and Mohd. Musa Khan. Mohd. Musa Khan was said to be managing the property. He let out the land to the defendants-appellants. Later on, he sold his share to the plaintiffs predecessor-in-interest who acquired bhumidhari rights in the land, jointly with Saltanat Husain Khan.

(3.) Amongst other pleas one of the pleas taken by the defendants was that the suit having been instituted by only one of the two land-holders was not maintainable. This plea found favour with the Assistant Collector, first class, in these four suits. He accordingly dismissed the suits. On appeal the two Additional Civil Judges have remanded the cases holding that the word 'land-holder' in Sec. 202 of the U.P. Zamindari Abolition and Land Reforms Act did not mean the whole body of land-holders and the plaintiffs had a right of suit. It may also be stated that there was a fifth suit in which another Assistant Collector overruled the defendants' plea and decreed the suit. The appeal filed by the defendants against that order was also dismissed and I am told by the learned counsel that a second appeal against the order is pending in this Court.