RAM LAUT Vs. STATE OF U.P

JUDGEMENT

(1.) The facts are : On 25-4-1974 Hassan Raza institute a declaratory law suit under Sec. 229-B Z.A. and L.R. Act in the court of Assistant Collector First Class. Basti. The pleading has set forth that he is sirdar tenant in possession of the land coming down from before abolition of Zamindari. It is averred that before this defendant Ram Laut has instituted a lawsuit under Sec. 229-B Z.A. and L.R. Act where in a finding of his adverse possession was recorded. More importantly, the decree was set executed within limitation and his peaceful possession continue since all along. It has continued for over 12 years and defendants remedy to recover it is lest by virtue of Sec. 210 Z.A. L.R. Act. The grievance is that Lekhpal has not recorded his name as sirdar tenant in possession despite protestation. The relief of a declaration that he is sirdar tenant in possession it prayed for.

(2.) On 18-5-1974 a written statement by State of U.P. refuses all claims. On 18-8-1975 a written statement by Ram Laut says that his lawsuit under Sec. 229-B Z.A and L.R. Act was decreed ; in consequence the name of plaintiff was expunged from revenue records. Also he was let into possession and has continued ever since. Plaintiff has no concern whatsoever. The suit is barred by limitation, by principle of res-judicata. In consolidation operation his rights have been declared and acknowledged. The name of plaintiff in 9 is without any basis. He has pulled off a manoeuvre with an. The relief to dismiss the suit he prays the court for.

(3.) On pleadings of parties issues were formulated on 23-10-1975. Parties have been given chance to lead their evidence. They have made their representation. On 22-12-1976 Assistant Collector First Class enters an order dismissing the declaratory lawsuit. Hassan Raza appeals. On 22-6-1978 Additional Commissioner enters an order allowing the appeal ; the judgment and decree court below is set aside. The suit of Hassan Raza is decreed. A second appeal by contesting defendant Ran Laut's.