BIRMAL Vs. CHHOTEY

JUDGEMENT

(1.) The facts are : Birmal, Rajmal and Sita Ram institute a lawsuit under Sec. 176, Z.A. and L.R. Act in the court of Sub-Divisional Officer, Meerut. The have set for the a pedigree to explain the relationship of co-tenure-holders in the holding and have claimed ⅓ share.

(2.) On 12-9-1977 defendants Chotey 1 to 7 filed a written statement on the ground that plaintiff is not co-tenant in possession of the land. In paragraph 20 the pleading is that in khata No. 70 the names of defendants 1 to 4 are alone recorded ; in khata No. 358 the names of other co-tenants are recorded, So a single suit is not maintainable. Furthermore, the plaintiffs admitted that names are not recorded in khata number 70. So no suit in respect of this khata is tenable without declaration of title in a suit under Sec. 229-B Z.A. and L.R. Act. Parties are given chance to lead their evidence. Issues are framed. On 8-5-1978 Assistant Collector First Class enters an order dismissing the suit.

(3.) Birmal's appeal. On 12-11-1979 Additional Commissioner enters an order of dismissal. So this second appeal by plaintiff Birmal's, three persons.