(1.) The facts are : On 10.6.1983 Ram Samujh institutes this declaratory lawsuit under Sec. 229-B Z.A. and L.R. Act in the court of Sub-Divisional Officer, Basti. The pleading has put forth a contention that he is bhumidhar tenant in possession of the land in suit. In consolidation of holdings Khasra No. 18/183 area 2.17.0 was a supplementary new number. New Khasra No. 16 was declared his tenure and noted in C.H. Form 23 and C.H.Form 25. In the map disputed khasra No. 18/183 is so shown at the ground situation as it is integrally a part of his chak No. 16. The claim is to declare No. 18/183 as his holding over it his name by error is recorded in Verg 4. On Gaon Sabha taking steps for his eviction, he became aware of mistaken entry. The relief to declare him bhumidhar tenant of khasra No. 18/183 area 2-17-0 is prayed for.
(2.) The plea the suit is resisted with by State of U.P., in a written statement lodged by Collector on 22-12-1983, is that and is vested in Gaon Sabha. The tenurial lights concerning the land have been decided in consolidation. The suit is barred Sec. 49 C.H.Act. A plea of non-joinder of Sant Ram is raised on the ground at Sant Ram has filed a declaratory w suit for this land; in that suit Ram Samujh was a defendant. The failure is to plead Sant Ram, a necessary party.
(3.) On pleadings of parties issues were formulated on 12-3-1984. Parties have been given chance to lead their evidence. On 15-12-1988 Additional Sub-Divisional Officer Basti enters an order dismissing the suit. Both appeals are rejected in an order of affirmance by Additional Commissioner on 11-10-89. So second appeals by Ram Samujh.