MOHI UDDIN Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The only question involved in this writ petition is, whether any rights are conferred on Khudkast holder under the UP Zamindari Abolition and Land Reforms Act, 1950 (the ZA Act) Act, whose land was submerged in a river on the date immediately preceding the date of vesting. The Facts

(2.) The petitioners filed a suit on 15.5.1965 for declaration that they are Bhumidhar of the plots mentioned in list A of the plaint. List A included four plots namely plot no. 18/13/1, 8/24, 8/25, and 8/39. There is a list B also. It includes 67 plots. However, it is not clear as to why these plots were mentioned as no relief is claimed in respect of plots of list B. In this writ petition, I am also concerned with plots of list A only. In substance the plaint allegations are that: The petitioners were Khudkast holder of the plots in list A. These plots submerged in the river Ganges sometime after 1356 F and re- emerged in 1372 F. The petitioners are deemed to be Khudkast holder on the date immediately preceding the date of vesting and have became bhumidhar. The records be corrected and possession be delivered to them.

(3.) The trial court dismissed the suit on 2.2.1965 but the petitioners appeal against the same was allowed on 17.12.1966 and the case was remanded for impleading necessary parties. The trial court by its judgement dated 7.8.1967 decreed the suit in respect of plot no. 8/13/1 of List A only. The trial court held that the petitioners were in possession over this plot before it was submerged in water. The suit was dismissed in respect of all other plots.