SARDAR JASBIR SINGH Vs. IVTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) Heard Sri. G.S. Nigam, learned counsel for the petitioner and perused the record. The respondent No. 2 instituted a suit under Section 229B of U.P. Zamindari Abolition & Land Reforms Act, 1951 (hereinafter referred to as "Act, 1951") impleading Gaon Sabha, Mahinaura and State of Uttar Pradesh seeking declaration that disputed plot No. 1259 area 10 bigha 7 biswa is his bhumidhari land with transferable rights. A notification under Section 4 of Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953") was issued and thereafter aforesaid suit stood abated on 17th February, 1992 under Section 5(2) of Act, 1953.

(2.) Thereafter aforesaid respondent No. 2 instituted another suit in the Court of Munsiff, North, Unnao against petitioners seeking an injunction restraining petitioners from forcibly interfering in peaceful enjoyment and possession of respondent No. 2 upon the land No. 1259 (old No. 1477) measuring 10 bigha 7 biswa situated in Gram Mahnaura, Pargana Gosinda Parsandan, Tehsil Hasanganj, District Unnao.

(3.) The petitioners put in appearance and filed their objections stating that dispute relates to a property which is actually owned by petitioners and since there is a tide dispute, suit is not maintainable and must be held to be abated under Section 5(2) of the Act, 1953. The objection raised by petitioners found favour with Trial Court and it passed order dated 21st May, 1994 abating the suit under Section 5(2) of Act, 1953. But the aforesaid decision has been reversed by lower Appellate Court by allowing civil appeal No. 72 of 1994 filed by respondent No. 2.