RAM ADHAR Vs. GAYA DIN AND OTHERS

JUDGEMENT

(1.) This is a plaintiff's second appeal arising our of a suit for the possession of some plots of agricultural land. It appears that the plots in dispute formed the tenancy holding of one Srimati Mahdei who died in 1945; The plaintiff, claiming to be the daughter's son of Srimati Mahdei, brought the suit which has given rise to this appeal for the possession of the plots in dispute on the allegations that he, being the daughter's son of Srimati Mahdei, was entitled to her holding on her death and that the defendants had taken wrongful possession of the land.

(2.) The suit was contested by the defendants on two grounds. Firstly, it was urged that Srimati Mahdei had inherited the holding from her father, Sarju and as such, succession to the tenancy would be governed by the U.P. Tenancy Act and that the plaintiff was no heir to Srimati Mahdei under Sec. 36 of the U.P. Tenancy Act. Secondly, it was urged that the plaintiff alone was not entitled to sue.

(3.) As a question of tenancy was involved, two issues were referred to the revenue court for findings. They were as follows: -