JOKHAN Vs. BOARD OF REVENUE, ALLAHABAD AND ANOTHER

JUDGEMENT

(1.) This Writ petition is directed against orders passed in appeal by the Additional Commissioner of Gorakhpur on 16-11-1956 and confirmed in second appeal by the Board of Revenue on 20-3-1957, dismissing the suit filed by the petitioner under Sec. 202 of the Zamindari Abolition and Land Reforms Act for the ejectment of Jagmohan (opposite party No. 2) from a certain plot.

(2.) The plaintiff claimed that he was the Sirdar of the land in suit and had let it out to the opposite party after he had become a "disabled person" within the meaning of Sec. 157 of the Zamindari Abolition and Land Reforms Act by losing one of his hands in an accident. He prayed for the ejectment of the opposite party as an Asami, asserting that he wanted to bring the land under his personal cultivation.

(3.) The trial court accepted the contentions of the plaintiff and decreed the suit. But in appeal the Additional Commissioner held that even though the plaintiff had only one hand, he could not be held to be a "disabled person" because he was otherwise healthy and sound and was in a position to supervise the cultivation of the plot by servants, relations or hired labour. The Board in second appeal agreed with the view expressed by the Additional Commissioner and the suit accordingly stands dismissed.