LAXMAN Vs. SRIPAL

JUDGEMENT

(1.) The facts as set forth in plaint are : On 3-9-1976 Lakshman institutes a law suit under Sec. 229-B Z.A. & L.R. Act for a declaratory judgment in the court of Assistant Collector First Class, Hardoi. He pleads rights of sirdari in khasra No. 63 area 1-2-11 since last 15 years by reason of adverse possession. That title has accrued under Sec. 210, Z.A. & L.R. Act Even so the name of Sripal D/1 continues in revenue papers though he has no more interest in land. Also he executes a formal sale-deed in favour of Khuman D/2 who is not in possession. The relief of a declaration as sirdar tenant in possession is prayed for.

(2.) On 26-4-1977 Khuman D/2 in his written statement refutes all claim and contention. No title or possession of plaintiff Laxman ; no accrual of tenurial rights under Sec. 210 Z.A. & L.R. Act. He explains that bhumidhari tenure originally belonged to Ujagar who on 2-11-1969 executes a sale-deed in his own favour on 23-2-1976 and delivers possession. In due course his name is mutated in revenue records. Further in a absence of plaintiff's possession a mere declaratory lawsuit is not maintainable. The suit is foreclosed by the principle of limitation. Also he avers that no notice under Sec. 80 C.P.C. is ever sent and served on Collector for State of U.P. The suit is barred under Sec. 49, C.H. Act as plaintiff did not protest then and there in consolidation. The relief to dismiss the suit is prayed for.

(3.) On the pleadings of parties issues were formulated on 24-5-1978. Parties are given chance to lead their evidence; they have made their representation. On 24-12-1979 Sri S.L. Shukla, learned Assistant Collector First Class enters an order decreeing the suit. Defendant Khuman Appeals. Shri S.K Lakhtakia, learned Additional Commissioner, Lucknow Division enters an order allowing the appeal ; the judgment and decree of trial judge is set aside. Plaintiff Laxman's suit is dismissed. He appeals.