RAM WATI SRI BALBIR SINGH Vs. MAHESH CHAND

JUDGEMENT

(1.) These two writ petitions raise common question of fact and law and arise out of the same orders and as such are being disposed of by a common judgement.

(2.) Illahi Bux and Chotey Lal the plaintiffs of Original Suit No. 32 of 1950 were zamindars of the disputed land. They had executed a lease deed dated 24.1.1949 in favour of Ram Riksh Pal the first defendant and had also executed an agreement to sell on the same date in favour of his son the second defendant and had received an advance of Rs. 10,000/--. Their suit for cancellation of the lease deed and for possession was decreed subject to the condition that the sum of Rs. 10,000/- received by the plaintiffs was refunded. Civil Appeal No. 533 of 1951 filed by the plaintiffs against the condition for refund of money and the cross objections by the defendants in that, appeal were dismissed on 27.8.1954. It appears that a sum of Rs. 3,000/- had been claimed by the plaintiffs for the damage done by the defendants to the leased land, and though it was held in the suit that the plaintiffs were entitled to damages for the loss, the amount was not adjusted against the amount to be refunded by the plaintiffs. As such an application for amendment of the decree was filed by the plaintiffs, which was allowed by the trial court by its order dated 15.11.1960. Revision No. 201 of 1961 against that order filed by the defendant was dismissed on 27.7.1961 by this court.

(3.) In the meanwhile it appears that during the pendency of the appeal in the Original Suit No. 32 of 1950, the U.P. Zamindari Abolition & Land Reforms Act (hereinafter called as the UPZA & LR Act) had come into force the effect of which was that the name of Ram Riksh Pal, the judgement debtor which on the basis of, the lease appears to have been entered as hereditary tenant in 1356 F came to be recorded as sirdar. On payment made by him of 10 times the land revenue, he acquired bumidhari rights under the Act. The land was also included in his chak in the consolidation proceedings On 29.12.1964 Ram Riksh Pal, the judgement debtor executed a sale deed in favour of Ram Lal and others. The petitioner Ram Vati in writ petition no. 46297 of 2002 and one Prem Singh obtained a sale deed of the disputed plots from Ram Lal and others on 30.8.1969 and then names were recorded, The petitioner Ved Ram Singh in writ petition no. 6824 of 2003 has purchased the share of Prem Singh after his death.