SURYA KUMAR TRIPATHI Vs. RAM PAL

JUDGEMENT

(1.) Heard, Shri Sudeep Seth, learned Senior Advocate, assisted by Shri Madhav Chaturvedi, learned counsel for the appellants and Shri Ashok Shukla, learned counsel for the respondent.

(2.) This Second Appeal under Sec. 100 of the Civil Procedure Code 1908 has been filed with a prayer to call for the records and after its perusal, this instant second appeal may be allowed and further be pleased to set aside the judgment and decree dtd. 27/1/2016 passed in Regular Civil Appeal No. 310 of 2003 by the Additional District Judge, Court No. 17, Lucknow and the judgment and decree dtd. 12/11/2003 passed in Regular Suit No. 156 of 1995 by the VIth Additional Civil Judge (Jr.Div.), Court No. 38, Lucknow or pass any other suitable decree which this Hon'ble Court deems just and proper in the interest of justice.

(3.) Learned counsel for the defendants appellants submitted that the suit filed by the plaintiff respondent was barred by Sec. 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred as Act of 1950) as the name of defendant respondents was recorded in the revenue records, therefore, the suit could have been filed only before the Revenue Court with a prayer for declaration of his rights. He further submitted that the plaintiff respondent was not in possession of the land in dispute, therefore, also no relief could have been granted by the Civil Court.