JHINKAN Vs. ARVIND KUMAR

JUDGEMENT

(1.) The facts are : On 17-5-1975 Jhinkan's, 3 persons institute a lawsuit under Sec. 229-B Z.A. and L.R. Act in the court of Assistant Collector First Class, Basti. The pleading has put forth that they are bhumidhar tenants in possession of the land. That their possession continues since consolidation operation. The defendants first set have no concern whatsoever ; they have pulled off a manoeuver in concert with Lekhpal their names are erroneously recorded in. In 1974 defendants did threaten to dispossess them ; this led to discovery of incorrect entry. The relief to declare them bhumidhar tenants in possession is prayed for.

(2.) The process to secure attendance of defendant begins. Finally summon is published in a newspaper. On 28-2-1978 a compromise purporting to be on behalf of defendants is filed admitting the plaintiffs claim. On 30-5-1978 the suit is decreed.

(3.) On 7-7-1978 Arvind Kumar's motion in restoration. It is given out that his father Ambika Singh, a defendant in the suit, was not effectually served with any summon, nor he became aware of any date of hearing. A fraudulent compromise was filed on 28-2-1978 and the decree is bad in law. It is given out that his father had died in Sept. 1977 and could not have filed the compromise. On 6-7-1978 he heard about the untenable decree and had the file inspected on 6-7-1978. The relief to set aside the decree date 30-5-1978 he prays the court for. Also a prayer to grant benefit under Sec. 5 Limitation Act. In proof an affidavit supports various allegations.