RAM CHANDRA Vs. ZAHOOR HASAN

JUDGEMENT

(1.) The facts are : On 20-8-1981 Zahoor Hasan institutes a declaratory law suit under Sec. 229-B Z.A. and L.R. Act in the court of Sub-Divisional Officer Jansath, Muzaffarnagar. The case set forth is that the land was bhumidhari tenure of Imambara masjid Waqf Abdi, Town Jansath. This was property of Shia Central Waqf Board before the date of vesting ; Shri Sarvar Ali Khan Muttwali. That in the year 1979 Sri Lakhte Hasnain, convenor of Shia Waqf Board, has executed a lease on 21-7-1979 favouring him ; Zahoor Hasan for a year. He was cultivating the land so let out. That Sri Sarvar Ali Khan Muttwalli again executed a lease on 11-1-1980 for a period of three years. It is averred that defendant Muttawalli were ho longer tenant of the class envisaged in Sec. 157, Z.A. and L.R. Act. So Board had no right to let out the land to others. In sum, the rights of a bhumidhar tenant have accrued under Sec. 165, Z.A. and L.R. Act. The relief to declare him bhumidhar tenant of non-transferable right with possession is prayed for.

(2.) On 14-6-1982 defendant Ram Chandra's file a written statement. The case put for the is that no rights accrue by reason of alleged lease of land. That he has got a sale-deed executed by Shia Central Waqf Board, Lucknow for a sum at Rs. 27,000.00. That he continues in possession since the date of sale dated 20-8-1981. That he has sown crops in the land. The claim is strongly refuted that plaintiff has matured tenurial rights. The relief to dismiss the suit is prayed for.

(3.) On pleadings of parties issues are formulated on 28-6-1984. Parties are given chance to lead their evidence ; documental and oral. They have made their representation On. 16-9-1985. Sub-Divisional Officer enters an order decreeing and declaring Zahoor Hasan bhumidhar tenant with non-transferable rights. Defendant ram Chandra's appeal. On 19-6-1986 Additional Commissioner enters an order of dismissal. Hence this second appeal by answering defendant Ram Chandra's.