HARIHAR SINGH Vs. GRAM SABHA, PIRKHIR

JUDGEMENT

(1.) These are appeals preferred by the defendants in suits brought by the Gram Sabha Pirkhir, pargana Bhuili, Tehsil Chunar, District Mirzapur. The respondent had instituted seven suits for possession of different portions of plot No. 1 of village Pirkhir. All the aforesaid suits were connected and tried together and disposed of by a common judgment by the courts below. It was alleged that the said plot No. 1 was a tank and had been recorded as such, that the appellants were the zamindars of the plots in suit before the date of vesting and they had taken possession over different parts of the said plot without any right and were thus liable to ejectment in accordance with the provisions of Sec. 212 of Act I of 1951.

(2.) The defendant-appellants contended that the land in suits had not vested in the respondent and plot No. 1 was neither a tank nor it was recorded as such The appellants had been in possession since before 1346F. and were thus not liable to ejectment and the suits brought by the respondent were bared by limitation. The appellants also aimed compensation.

(3.) The trial court decreed the suits on payment of one year's rent computed at the hereditary rate as compensation. On appeal the court below affirmed the decision of the trial court but expressed the view that Sec. 212 of the Act was not applicable and the suits lay under Sec. 209 of the Act and the respondent was entitled to a decree as claimed by it. In this view of the matter the court below set aside the decree with regard to compensation. Aggrieved from the aforesaid decision of the courts below the appellants have now come in appeal in this Court.