SHEO DASS Vs. JADUBANSH

JUDGEMENT

(1.) The facts are : In village Khairjati Tehsil Khalilabad, district Basti, are four plots, specified at the foot of the plaint by Bhikari, substituted by Yadubansh's, plaintiffs now. The land in village is dearer than men; the plaintiffs title to land became suspect. On 29-8-1986 a lawsuit for declaration of title in Assistant Collector's. The pleading has set forth the grounds on which the claim is rested; the relief is set forth for a declaration of tenurial rights; also restoration of possession is prayed for.

(2.) On 1-2-1986 a written statement by defendant Sheo Dass and Ram Khewal: the denial of title in to. Issues are set down to help crystallise the controversy.

(3.) On 23-4-1987 an application by contesting defendants to decide issue Nos.1 and 2 as preliminary. The issues are (i) whether the suit is barred under Sec. 49 C. H. Act? (ii) Whether the suit is barred by reason of Sec. 34 (5) Land Revenue Act?