PREM SINGH Vs. HUKAM SINGH

JUDGEMENT

(1.) HUKAM Singh, respondent No. 1, was the occupancy tenant of the holding in dispute. On 20th May, 1944, the zamindar obtained a decree for his ejectment under Section 171 of the U. P. Tenancy Act, 1939. The decree was executed and possession taken by the zamin dar. Thereafter, he let out the land to the predecessor of the present appellants. On coming into force of the U. P. Tenancy (Amendment) Act 10 of 1947 Hukam Singh made an application for reinstatement to the holding. This application was allowed on 10th January, 1949. Under the proviso to Section 27 (3) of the Amending Act, the present appellants were declared sub-tenants not liable to ejectment for three years. The three years immunity expired on 10th Janu ary, 1952.

(2.) IN 1955 Hukam Singh filed a suit for a declaration under Section 229-C of the U. P. Zamindari Abolition and Land Re form Act that he was the sirdar in posses sion of the land in dispute and that the pre sent appellants had no right in it. He also filed a similar declaratory suit in the civil Court. The revenue Court suit was dismis sed for non-prosecution. During the pen dency of the civil suit Ch. IXA of the Zamindari Abolition Act came into opera tion. On 9th July, 1956, Hukam Singh made an application under Section 240-G of this Act praying for the removal of the names of the present appellants as sirdars from the revenue papers. It appears that subsequent ly in 1957 Hukam Singh instituted yet an other declaratory suit against the present ap pellants. In that suit it was prayed in the alternative that if the defendants are held to be in possession, a decree for their eject ment under Section 202 of the Zamindari Abolition Act may also be granted. While these proceedings were pending, the land in dispute came under consolidation operations.

(3.) THE appellants contested the objec tion. Their case was that they had themsel ves continued to be in cultivatory possession throughout. As sub-tenants they became asamis under Section 21 (1) (c) of the Zamin dari Abolition Act. The cause of action for their ejectment accrued on 10th January, 1952. At that time the prescribed period of limitation was one year. On the expiry of that prescribed period of limitation, they became sirdars under Section 204 of the Act.