INDER SINGH Vs. SMT. GHARIBANI

JUDGEMENT

(1.) The facts as set forth by Smt. Gharibanis, 3 persons are : On 23-6-1986 they file a declaratory law suit under Sec. 229-B Z.A. and L.R. Act in the court of Assistant Collector, First Class, Roorkee, Saharanpur. The pleading has set forth a claim that they are bhumidhar-tenants of 1/2 share of land in Schedule A and bhumidhar tenant of full share of land in Schedule B. A pedigree has been given to explain the relationship. The relief to declare them co-tenant of land in Schedule A and sale tenant of land in Schedule B is prayed for.

(2.) On 16-12-1986 defendant Inder Singh's 1 to 4 file a joint written statement refuting plaintiffs claim. Their contention in Paragraph 22 is that land in Schedule A and land in Schedule B are two separate holdings. The defendants 1 to 4 are sole tenants of land in Schedule A ; the defendants 1 to 3 are co-tenants of land in Schedule B. Various other pleas of fact and law have been set forth.

(3.) On pleadings of parties issues are formulated. Issue Nos. 6 and 8 are alone decided as preliminary treating them as purely legal. On 27-3-1987 Assistant Collector, First Class enters an order dismissing the suit.