RAMA SHANKAR SINGH Vs. KEDAR SINGH

JUDGEMENT

(1.) The facts are On 9-1-1973 Kedar Singh institutes a lawsuit under Sec. 229-B, Z.A. and L.R. Act in the court of Assistant Collector, First class, Deoria. The pleading has set forth that holding was his tenure and in consequence of abolition, he became sirdar tenant in possession. That defendant Bal Bhaddar's have no right, title or interest ; that their names are erroneously recorded in ; also they are no in possession. The relief to declare him sole sirdar tenant in possession is preyed for.

(2.) On 26-3-1973 State of U.P. through Collector files a written statement. The pleading puts forth that Kedar Singh is not sidar tenant in possession. The land is banjar and has vested in Gaon Sabha. The relief to dismiss the suit is prayed for.

(3.) Bal Bhaddar Pratap Narain Singh's file a written statement on 22-11-1973. Their case is that land in svit was Raja Bahadur Brij Narian Singh's and no tenurial rights were described to plaintiff Kedar Singh. Also he was never in possession. The land was khudkashht of Raja in 1946. However, in 1945 Rani Reoti Devi D/4 instituted a lawsuit no. 55 of 1945 for partition. In the said suit defendants No. 1 to 3 here were defendants too ; that suit is still going space in the court of Civil Judge. In the suit Rani Reoti Devi D/4 has moved an application for appointment of a Receiver. On 2-1-1946 Collector Gorakpur was appointed Receiver. The disputed land has been in the management of Receivers. In 1965 Sri Rajhav Prasad, Advocate became Receiver and thereafter Sri Rama Shanker Singh continues as such. As against the order of Civil Judge dated 2-1-1946 an appeal was filed in Honourable High Court but the order has been affirmed. Since 2-1-1946 Receivers have managed the land till this day. The said Raja is bhumidhar tenant. The land has been custodia legis. Several more important pleas have been raised in defence of title.