TAMESHWAR Vs. SHEO PUJAN

JUDGEMENT

(1.) This is the defendant's second appeal from the judgment and decree dated 26-12-1967 of the Additional Commissioner, Gorakhpur Division in a case under Sec. 229-B of the U. P. Z. A. and L. R. Act.

(2.) The case of Sheo Shanker and other plaintiffs was as follows:-

(3.) The defendants contested the suit on the ground that the plaintiffs were neither bhumidhars of the land in dispute nor in possession of it. They denied that Smt. Jhinka ever executed a sale-deed in favour of the plaintiffs. They further alleged that Smt. Jhinka was an old and illiterate woman and that the so-called sale-deed was obtained by practising a fraud on her. It was also pleaded in the written statement that Smt. Jhinka had died and that the suit was filed against a dead person. The plea of the suit being barred by Sec. 49 of the U. P. C. H. Act was also taken.