NISAR AND OTHERS Vs. HANEEF AND OTHERS

JUDGEMENT

(1.) This is a second appeal against the judgment and decree dated 16-6-1975 passed by the Additional Commissioner, Meerut Division in Appeals arising out of a suit under Sec. 209 of U.P.Z.A. & L.R. Act.

(2.) Briefly, the facts of the case are that Buddhu had filed a suit under Sec. 209, U.P.Z.A. & L.R. Act in respect of plot no. 578 (area 1-00), alleging that the plaintiff was the sirdar of the land in dispute and had been in possession of it but as defendants no. 1 to 15 were held to be in possession thereof by the order of B.D.O. Roorkee dated 1-11-1971 in proceeding under Sec. 145 Crimial P.C. the defendants on the basis of the said order had taken possession over the land and hence the suit for their ejectment. During the pendency of the suit Buddhu died and he was substituted by Hanif and others, respondents, by the court's order dated 13-5-1974. Out of the defendants, Ibrahim, Sahabbir, Mohammad All and Mahmood admitted the claim of the plaintiff's. The remaining defendants contested the suit denying the plaintiff's claim alleging that the land in suit was not being used for agricultural purposes and did not come under the definition of "land" and the present suit was not maintainable. The State of U.P. and Gaon Sabha did not contest the suit.

(3.) The trial court held that 0-14-O area of the disputed land had not been used for agricultural purposes and did not come within the definition of 'land'. It ordered the ejectment of the defendants from 6-biswa area only. Consequently two appeals were filed before the Additional Commissioner, one by Haneef and others, plaintiffs, on the ground that defendants should be ejected from the entire land, and the other appeal was filed by Nisar and others, defendant appellant against their ejectment from six biswa area. The Additional Commissioner allowed the plaintiffs' appeal and decreed their suit for the ejectment of the defendants from the entire land. The appeal of defendants was dismissed. Consequently the defendants Nisar Ahmad and others have filed the present second appeal.