STATE Vs. SMT. SHAKUNTALA

JUDGEMENT

(1.) The facts are : On 16-10-1980 Smt. Shakuntala Devi institutes a declaratory law suit under Sec. 229-B, Z.A. and L.R. Act in the court of Assistant Collector First Class, Ghaziabad. The pleading has set forth a claim that she is owner in possession of the land ; that her possession has commenced from before 1359 Fasli and continuity has never been broken. The connection further repudiates any concern of State or Gaon Sabha in the land. More important still, the entry of Banjar in records is not supportable. Also the averment claims that her continuous possession is to the full knowledge of defendants. The relief of declaration as a bhumidhar tenant in possession she prays the court for.

(2.) On 26-12-1990 State of U.P. through Collector files a written statement grounded on the contention that she is not bhumidhar tenant. In addition the suit is barred under Sec. 34 Land Revenue Act and Sec. 80, C.P.C. The plea of standing bar of Sec. 49 C.H. Act is pleaded too. The relief of dismissal of suit defendant prays the court for.

(3.) On the pleadings of parties issue are formulated on 26-12-1990. Parties avail full chance to lead evidence ; documental an oral. They have made their representation. On 31-3-1993 the trial court dismisses the suit of Smt. Shakuntala Devi. Aggrieved by the order, she files an appeal. On 19-5-1993 Additional Commissioner Sri S. K. Lamba enters an order allowing the appeal ; the suit is decreed. Aggrieved State appeals.