SALIK RAM ADYA PRASAD Vs. RAM LAKHAN

JUDGEMENT

(1.) BY this petition under Arti cle 226 of the Constitution, petitioner Salik Ram seeks to get the decree for his eject ment dated 30th November, 1964 passed by the Assistant Collector 1st Class, Pratapgarh and confirmed by the appellate order dated 24th September, 1965 and second appellate order dated 25th of April, 1970 quashed.

(2.) RESPONDENTS Ram Lakhan and Jagdish Prasad filed a suit under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act for the ejectment of petitioner Salik Ram from plot No. 1386 village Maho-khari, on 21st September, 1961. According to the plaint, one Bindeshwari was heredi tary tenant of a number of plots including the plot in dispute. On his death, his widow Smt. Lakhpatti inherited these plots. She got the plot in dispute settled with the petitioner Salikram. Kalidin, father of the two plain tiffs, claiming to be the reversipner of Binde shwari, filed a suit under Section 183 of the U. P. Tenancy Act which was decreed by the trial Court, but in appeal it was held that the name of Smt. Lakhpatti should con tinue to be recorded as tenant during her lifetime. Thereafter, Smt. Lakhpatti made an attempt to get Salik Ram declared Bhu-midhar of the plot in dispute by getting ten times of the rent deposited. She also managed to put Salik Ram in possession over title plot. Kalidin then filed another suit, under Sections 180/183 of the U. P. Ten ancy Act, for the ejectment of Salik Ram. The matter went up to the Board of Reve nue which held that as Salik Ram was in cultiyatory possession over the plot in 1359 Fasli, became an Asami and therefore the plaintiff could not eject him in a suit under Sections 180/183 of the U. P. Tenancy Act. Smt. Lakhpatti died in January, 1954 and Was succeeded by Kalidin. On Kalidin's death, rights in the plots devolved upon the two plaintiffs. They asked Salik Ram to Vacate the plot by the end of June, 1961, but Salik Ram refused to comply with their request The plaintiffs therefore filed the suit under Section 202 of the U. P. Zamindari Abolition and Land Reforms Act for the ejectment of Salik Ram.

(3.) ON the question of limitation, it Was urged before the trial Court that Smt. Lakhpatti died on 5th of January, 1954 and therefore a suit for ejectment of the peti tioner, as an Asami, could be filed only up- to 30th June, 1957. The suit having been filed on 21st September, 1961, was hopeless ly barred by time and that the defendant acquired Sirdari rights under Section 204 of the U. P. Zamindari Abolition and Land Reforms Act This plea was rejected by the trial Court on the ground that plaintiff's father had already filed a suit under Sections 180/183 of the U. P. Tenancy Act for the ejectment of the petitioner. This suit was pending in January, 1954 when Smt. Lakh patti died. It was ultimately dismissed by the Board of Revenue and an application for review of Board's Judgment was reject ed on 20th February, 1961. It held that the plaintiff was entitled to extension of time under Section 14 of the Limitation Act and the suit was not barred by time. On merits it held that the defendant did not acquire any right on the basis of the patta dated 8th of September, 1945 but his position was merely that of an Asami under Section 21 (1) (h) of the U. P. Zamindari Abolition and Land Reforms Act. In the result the suit for petitioner's ejectment was decreed. Decree passed by the trial Court was affirmed both by the Additional Commissioner and the Board of Revenue. An application for re view of Board's order also failed. Salik Ram has filed the present petition praying that the decree for his ejectment passed by the Assistant Commissioner and confirmed by the Additional Commissioner and the Board of Revenue be quashed.