MAHESH PRASAD Vs. BABU RAM

JUDGEMENT

(1.) This is a second appeal arising out of the order of the learned Additional Commissioner, Allahabad Division, in a suit under Sec. 202 of the U. P. Z. A. and L. R. Act.

(2.) The plaintiffs claimed to be the successors-in-interest as vendee of Bhumidhari land from Naththoo. A suit under Sec. 175 of the U. P. Tenancy Act was pending on 21-1-1951 filed by Naththoo. Both Naththoo and Ochha were alleged to be disabled persons. Ochha had been blind and Naththoo was a minor before the abolition of zamindari and Naththoo on attaining majority filed the suit. The suit was abated under Rule 5 of the U. P. Z. A. and L. R. Rules on 5-2-1955 having been stayed earlier under Rule 4. The instant suit was filed in March, 1956. Both the courts below have decreed the suit of the plaintiffs.

(3.) The learned counsel for the appellants attacked the order and decree passed on three grounds; Firstly, that the suit was time-barred being filed on 12-3-1956, secondly that there was no letting in favour of the appellants as sub-tenants and thirdly that the plaintiffs predecessors were not disabled persons.