SUNIL AND ANOTHER Vs. RAM RATAN

JUDGEMENT

(1.) The facts are : On 5.5.1970 Sunil, a minor under the guardianship of his Auntey Smt. Vidyawati and Smt. Vidyawati herself institute a declaratory law suit under Section 229-B Z.A. and L.R. Act in the court of Sub-Divisional Officer, Saharanpur. The pleading has set forth that Roora Singh was bhumidhar tenant of Schedule 'A' land and sirdar of Schedule B. On 13.11.1975 Roora Singh dies. Further pleading is that on 14.10.1975 he has adopted Sunil according to rites, More, on 20.10.1975 a testamentary disposition favouring adopted son Sunil and daughter Smt. Vidyawati is executed as respects land of Schedule A. Hence, plaintiffs are bhumidhar tenants in possession of this land.

(2.) The land in Schedule 'B' : the sirdari tenure has devolved on adopted son Sunil, plaintiff No. 2 Erge. he separately files a law suit for declaration of his sirdari rights in that land. The claim is that defendant Data Ram has no concern whatsoever ; is not in fact in possession. Indeed, he was locked in numerous litigations with Roora Singh, his brother. Further more, plaintiffs motion for mutation of their names has ended in despair; the court of Sub-Divisional Officer rejects it. The relief for a declaration as bhumidhar tenants in possession of land in Schedule A they pray the court for. In the alternative the relief to restore possession if defendant, upon evidence, is found in actual possession. Sunil's law suit for relief of sirdar), rights in Schedule 'B' land is linked with the main in the leading suit.

(3.) On 23.6.1979 the State of U.P. through Collector files a written statement refusing and refuting the claim.