LAWS(ALL)-1971-9-15

K L SHAH Vs. HARI DUTT

Decided On September 07, 1971
K.L.SHAH Appellant
V/S
HARI DUTT Respondents

JUDGEMENT

(1.) HARI Datt, plaintiff-respondent No. 1 and Maheshwar Datt, defendant-respondent No. 2 are real brothers and were his sedar in the vil lage Naya Gaon Chandan Singh. On 25-11-1952. Maheshwar Datt sold the land in suit to the appellant Sri K. L. Shah. Hari Datt, plaintiff-respondent No. 1 brought the suit out of which this appeal arises for presumption. The suit was contested by the appellant on a number of grounds which are not material for the disposal of this appeal. The trial court decreed the plaintiff's suit and the decree of the trial court was confirmed by the lower appellate Court, hence this Second Civil Appeal.

(2.) LEARNED counsel for the ap pellant has raised a preliminary point. His contention is that vide Notifications Nos. 226-69/Ek-Ka-2-l (2)-69-U. P. Te nancy Act, 1939, 226-69(1) Ek. ka 2-1(2)-69-1950 U. P. Zamindari Abolition Act, 226-69 (2) Ek. Ka-2-l(2)-69-1950 U. P. Zamindari Abolition Act published in U. P. Gazette Extraordinary dated 30th June 1970, the Tenancy Act came in force In the village in suit and there after the U. P. Zamindari Abolition Act also came in force in the village in suit with effect from 1st of July 1970 and under Section 336 (2) of the Zamin dari Abolition Act (hereinafter referred to as the Act.), the suit for pre-emption has to be dismissed.

(3.) IN the Bharat Bank. Ltd., Delhi v. Employees of Bharat Bank Ltd., Delhi and Bharat Bank Employee's Union, Delhi, AIR 1950 SC 188, the nature and scope of judicial power was fully dealt with by Mukerji, J.