AMAR SINGH Vs. NAFIS AHMAD

JUDGEMENT

(1.) The facts are : On 10-5-1991 Amar Singh moves an application for recording his name as the has attained the status ; of a bhumidhar tenant within the meaning of Sec. 164, Z.A. and L.R. Act. It is put forth that opposite-party Ghan Shyam, his brother, held ⅓ share in the land in suit. He has transferred his share on 24-4-1990 in satisfaction of a loan at Rs. 15,000.00 advanced to him. The possession delivered too for securing the payment of advanced money. Since then, applicant is cultivating the land. The relief to enter his name as bhumidhar tenant in possession is prayed for.

(2.) Tahsildar submits an inquiry report on 6-6-1991 confessing that applicant Amar Singh is in possession of two khasra Nos. area 708 hectares. The statement of three witnesses are recorded. On 26-12-1991 Sub-Divisional Officer enters an order dismissing the application on the ground that possession of 11/2 years confers no title to land.

(3.) Amar Singh moves a review application on 26-12-1991. On 4-1-1992 review petition is allowed and applicant is declared bhumidhar tenant in possession within the meaning of Sec. 164, Z.A. and L.R. Act.