RAKESH KUMAR Vs. JAGPAL

JUDGEMENT

(1.) The facts are : On 26-8-1982 Jagpal's institute a declaratory lawsuit under Sec. 229-B, ZA and LR Act in the court of Sub-Divisional Officer, Muzffarnagar. The pleading has forth a case that their father Pheru has inherited the holdings as he was Karta of Joint Hindu family ; his name was entered in a representative capacity. Pheru has died in 1976 and now they are success-in-interest bhumidhar tenants. It is given out that defendant Keshav Ram's are pretending to have purchased the land on 29-1-1975 from defendant Karam Siagh. The alleged sale-deed is void in law for various reasons. The relief of a declaration as bhumidar tenants of the land they pray the court for.

(2.) On 2-12-1982 a written statement by defendants Keshav Ram and Ishq Lal repudiates ail allegations. There is outright denial on grounds set forth in sixteen paragraphs. Defendant Karam Singh's written statement dated 2-12-1982 is almost on identical lines. On 29-7-1983 issues are framed ; two more issues on 2-12-1983 and still one more on 18-1-1984. This because more written statements are subsequently filed. Karam Singh's a supplementary written statement by defendant Keshav Ram and Ishq Lal on 23-12-1982. Crucially, paragraph 11 pleads that notice under Sec. 80, C.P.C. has not been sent before institution of suit. For this revision the suit is not maintainable. On 6-1-1983 the written statement by State of U.P. makes intense grievance of notice in positive terms. It elaborates that notice under Sec. 80, C.P.C. is served on Collector on 18-8-1982 ; the suit comes before expiration of two months from the date of notice. So it is liable to dismissal. Parties are given chance to lead their evidence. On 20-3-1984 Assistant Collector First Class enters an order decreeing the suit. Defendant Rakesh Kumar's appeal is dismissed on 25-6-1984. Hence second appeal.

(3.) Heard the counsel for the appellant; the record of the case under perusal. The respondent is absent.