VISHWANATH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The main question in this writ petition is, whether the compensation statement prepared under chapter IX-A (Conferment of Sirdari Rights on Adhivasi) under UP Zamindari Abolition and Land Reforms Act, 1950 (the Act) can be challenged in separate proceedings namely the suit as in this case. THE FACTS

(2.) Respondent no. 3 to 5 (the contesting respondents) filed a suit on 11.10.1955 against the petitioner under section 202 of the Act for his ejectment. The allegations in substance are that: The property in dispute came in the share of their father Gopal Das in private partition and he was a person falling in one or more classes of section157 of the Act (that is a disabled person). The property in dispute was let out to the petitioner in 1353 F and on that date the petitioners were minors consequently disabled persons. After abolition of Zamindari, the petitioner became Asami of the property in dispute under section 21(1)(h) of the Act. The petitioner is wrongly recorded as Sirdar, the record may be corrected and he may be evicted from the property in dispute.

(3.) The petitioner filed his written statement on 15.12.1955. In substance the allegations are that: Gopal Das, Pursottam and Gaya Prasad (the landholders) were the chief tenants of the property in dispute and the petitioner was their sub-tenant. There was neither any partition amongst the landholders nor were they disabled persons. Suraj Prasad (Respondent no. 3) was not a minor and not disabled person. The petitioner being sub-tenant became Adhivasi and Sirdar under section 20(1)(a) of the Act and Section 21(1)(h) was not applicable. The property in dispute was not identifiable on the spot and suit was liable to be dismissed on this ground also.