KEDAR NATH Vs. SMT. DURGAWATI

JUDGEMENT

(1.) The facts are: On 21-12-1977 Kedar Nath institutes a law suit under Sec. 229-B Z.A. and L.R. Act in the court of Assistant Collector First Class, Basti. The case set forth is that tenant of land were defendants Ram Jatan and Rangi Lal each with 1/2 share in the holding. On 16-1-1970 Rangi Lal executes a sale of his half share for Rs. 5000.00 in favour of Kedar Nath, plaintiff here. In consequence Kedar Nath is let into possession as bhumidhar tenant. To secure mutation Kedar Nath's motion for entry of his name in Tahsildar's. In the meanwhile vendor Rangi Lal expires. And his sister defendant Smt. Durgawati gets her name mutated in place of deceased Rangi Lal Kedar's mutation is rejected on 29-11-1976. The specter was not efficacious. Then a regular suit for a declaration of tenurial rights as bhumidhar tenant in possession of the land.

(2.) Defendant Smt. Durgawati refutes all allegations. She says the sale-deed is inoperative because not executed by Rangi Lal. Also because he was only a sirdar and could not lawfully execute a sale in favour of Kedar Nath. Rangi Lal has not deposited 10 times of land revenue to acquire bhumidhari sanad. On the contrary, she has inherited the interest in the holding and is in possession as sister of the deceased. On pleadings of parties issues are formulated. Parties have been given chance to lead their evidence. They have made their representation. On 10-5-1982 trial judge enters an order decreeing the suit.

(3.) Aggrieved by the order defendant Smt. Durgawati appeals on 6-6-1984 Additional Commissioner enters an order allowing the appeal ; the judgment and decree of trial judge is set aside. The suit of Kedar Nath is dismissed. Hence second appeal by Kedar Nath, plaintiff.