BHAGWATI DEEN Vs. SHEETLADIN

JUDGEMENT

(1.) In the instant petition, the dispute relates to Plot Nos. 1838/1, 1823/1, 1816, 1817, 1815, 1824/2 and 1828/1 of Gata No. 306 of Village Lokpur, Pargana, Barsona, Tehsil and District Sultanpur which was recorded in the name of the private respondent nos. 1, 2 and 3 in the basic year Khatauni.

(2.) The petitioner had filed his objections under Sec. 9-A (2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as Act of 1953) staking claim over the disputed plots on the ground that the petitioner was in occupation of the disputed plots in question much prior to the abolition of Zamindari and thus had acquired sirdari rights in the land in dispute after the abolition of Zamindari. An alternate plea was also raised that since the petitioner was recorded as an occupant in 1359 Fasli and was in cultivatory possession. three years prior to the abolition of Zamindari, hence, he acquired adhivasi rights which later matured into sirdari in 1362 Fasli and continued to be in possession.

(3.) It was also stated that the private respondents were influential persons who by using their influence got the name of the petitioner expunged and replaced by their own names. On becoming aware of the aforesaid, the petitioner had instituted a suit under Sec. 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, (hereinafter referred to as U.P.Z.A. and L.R. Act) for declaration of his rights before the Competent Court, however, with the commencement of Consolidation Operations, the suit of the petitioner abated in light of the order dtd. 19/7/1975.