DEO NARAIN Vs. SATYA DEO

JUDGEMENT

(1.) The facts are: On 11-3-1981 Deo Narain institutes a law suit under Sec. 229-B Z.A. and L.R. Act in the court of Sub-Divisional Officer Gorakhpur. The pleading has set forth that Zamindari has been abolished in the year 1962 ; that khasra No. 2141 total area 24 acres was khudkhast land and tenant thereof was Smt. Lakhraji She dies before the date of vesting and he succeeds as a son and heir. He enters in possession immediately thereafter. Since he was Zamindar too of khudkasht land he became bhumidhar in consequence of vesting in State. OF 12 acres area out of 24, Shambhu Narain became a tenant. In time he became sirdar and thence Bhumidhar tenant. It is claimed that defendant Ram Sagar has no concern whatsoever and is not in possession. The entry of defendant's father in records is erroneous and inconsequential enough. He became aware of incorrect entry in July of the current year; hence institution of a lawsuit. The relief of a declaration as bhumidhar tenant in possession he prays the court for.

(2.) In out-right denial defendant Ram Sagar files a written statement on 24-5-1982. The case set forth is that suit is liable to dismissal by reason of Sec. 60 Urban Area Z.A. Act. That Shambhu Narain has no concern ; the entry of his name is illegal and inoperative, it is incorrect to claim that Smt. Lakhraji was ever tenant of the land ; or she was in possession. The answering defendant was never ejected from the land. Hence the rights of a hereditary tenant had accrued before abolition and in consequence of vesting he became a sirdar tenant and thence bhumidhar in possession. In any event of the thing, tenurial rights have accrued by reason of hostile possession. Plaintiff has put no plea for restoration of possession. The suit is barred under Sec. 80 C.P.C. The relief to dismiss the suit he prays the court for.

(3.) On pleadings of parties issues were formulated on 5-8-1982. Parties have been given chance to lead their evidence ; documental and oral. They have made their representation. On 10-3-1986 Smt. Sandhya Tewari, Sub-Divisional Officer, enters an order decreeing the suit. Defendant Satya Deo appeals. On 26-5-1990 Shri Chandrika Prasad Tewari, Additional Commissioner, enters an order allowing the appeal ; the judgement and decree of trial court dated 10-3-1986 is reversed. The law suit is dismissed. Hence second appeal.