GAON SABHA KAHOTRI Vs. PARSHU RAM

JUDGEMENT

(1.) This writ petition is directed against the Judgment of the Additional Commissioner dated 28.10.1975 and the Board of Revenue dated 31.10.1984 allowing the appeal and dismissing the suit of the petitioner for eviction of respondent Nos. 1-4 (the contesting respondents) from the pond in question (consisting of plot Nos. 220 (area 3 bigha 1 biswa 3 biswansi) and 221 (area 9 bigha 11 biswa) (total area 12 bigha 12 biswa 3 biswansi) on the ground that the suit was not maintainable.

(2.) There was litigation in respect of property in dispute during consolidation operations under U. P. Consolidation of Holdings Act, 1953 (the Consolidation Act). In the basic year consolidation records, the predecessor-in-interest of the contesting respondents was recorded in Class 111 ('asami' of the Gaon Sabha). The contesting respondents filed an objection claiming that they were hereditary tenants before the abolition of zamindari and became sirdar under the U. P. Zamindari Abolition and Land Reforms Act, 1950 (the Z. A. Act).

(3.) The Gaon Sabha (the petitioner) also filed an objection claiming that : The property in dispute is a pond. It is public utility land and was let out to the contesting respondents for growing singhara. The contesting respondents are 'asami' of the property in dispute.