RASOOL AHMADI Vs. BENI PRASAD AND OTHERS

JUDGEMENT

(1.) THE two suits which have given rise to these appeals are the third in the series of actions raided by the plaintiff in respect of the same land and against the same persons or their representatives in interest.

(2.) IN 1954 Rasool Ahmad plaintiff filed a group of eight suits (hereinafter described as the 1954 suits) under S. 59/183 of the U.P. Tenancy Act of 1939 in the revenue court with the allegation that he was a tenant of the land in suit but defendants Nos. 1 and 2 had got leases in respect of it executed by the remaining defendants who were the Zamindars and were interfering with the possession of the plaintiff on the strength of the said leases which were invalid and of no legal effect. The plaintiff sought a declaration that he was a hereditary tenant of the land in suit and also prayed for restoration of possession in case he was found to be out of possession. The defence was that the plaintiff was not a tenant of the land in suit and was not in possession thereof. By his judgment dated 13th May 1955 the Assistant Collector dismissed the suits with the findings that the plaintiff was neither a hereditary tenant of the land in suit nor in possession and he was not entitled to the reliefs claimed by him. The judgment of the Assistant Collector was confirmed in appeal by the Commissioner and then by the Board of Revenue. Against the judgments and decrees of the revenue courts the plaintiff filed a writ petition in this Court under Article 226 of the Constitution but it was rejected on 26th April 1956,

(3.) THE suits which have led upto the present appeals were commenced in the Civil Court on 11th May 1957. The allegations of the plaintiff in these two suits are that he is an occupancy tenant of the land in suit and that he has been in possession thereof for more than 50 years, but in derogation of his rights defendants Nos. 3 to 21, with the exception of defendants Nos. 9 and 11 and 14 to 17 and 19, granted leases dated 1st November, 1954 and 4th November 1951 to defendants Nos. 1 to 2 although they were not competent to do so. As to the decrees passed by the revenue Court in 1954 suits it has been stated that they were without jurisdiction and null, void and ineffective but nothing has been said regarding the decrees passed in the 1956 suits. The reliefs claimed in the suits are that the leases dated 1st November 1954 and 4th November 1954 be adjudged void and cancelled and, further, that it may be declared that the decrees of the revenue Court in the 1954 suits are void and ineffective and not binding on the plaintiff. A permanent injunction restraining the defendants and their agents etc., from interfering with the plaintiffs possession has also been claimed and it has been prayed that the relief of possession be also granted in the event of the plaintiff not being found to be in possession. Defendants Nos. 1 and 2 have contested the suit. They claim to be the tenants of the disputed land, and deny that the plaintiff has any light or any interest in it. They plead that the decrees passed in the 1954 suits and the 1956 suits operate as res judicata and that the present suits are also barred by estoppel. It has been asserted by the contesting defendants that the leases in their favour are perfectly valid and the Zamindars, who executed them, were competent to do so. It has, further been stated by them that although defendants Nos. 9 and 10 had not joined in executing the leases they had made oral arrangement of the land with them. The pleas of jurisdiction and limitation were also raised. The suits were dismissed by the trial Court and the decrees of the trial Court were affirmed in appeal by the lower appellate Court. The plaintiff has now preferred these second appeals.