DALEL AND ANOTHER Vs. BAROO AND OTHERS

JUDGEMENT

(1.) I have had the advantage of reading the judgment prepared by brother Oak, but regret my inability to share the view expressed by him therein.

(2.) THE question raised in this second appeal is, whether the suit filed by the plaintiffs in the Civil Court for a declaration that they, along with defendant No. 3, were the bhumidhars of the grove in question, was barred by section 49 of the U. P. Consolidation of Holdings Act (hereinafter called the Act).

(3.) FROM what has been said above, it is clear that the whole case turns upon the correct construction of S. 49 of the Act. That section, at the material time, was in the following terms :