MOOL CHAND AND OTHERS Vs. PHOOL SINGH

JUDGEMENT

(1.) This is a Defendants' appeal arising out of a suit for restraining the Appellants from interfering with the Plaintiff Respondent's possession over plot No. 614 situate in village Mohammadpur Newada district Mainpuri.

(2.) The Plaintiff contended that he had obtained a registered lease dated 26.10.1951 from the zamindar Chiddu Singh and was hereditary tenant of the plot in suit and had subsequently become the Sirdar thereof. It was alleged that after the execution of the aforesaid lease he was in culttyatory possession of the plot in suit.

(3.) The Defendants contended that they had no knowledge of the aforesaid lease and alleged that the Collector had executed a lease of the plot in dispute in their favour on 14.4.1952 Under Section 3(4) of the U.P. Land Utilisation Act v. of 1948. They further contended that they were in possession of the plot in suit and had become Sirdars thereof. It was further alleged that Under Section 6 of the aforesaid Act the order of the Collector granting the lease in favour of the Defendants could not be questioned and the court had no jurisdiction to try the suit.