THE JUNIOR HIGH SCHOOL CHANDRA BHUSHAN GANJ, DISTT Vs. THE BOARD OF REVENUE, U.P. AT ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This petition under Art. 226 of the Constitution of India arises out of proceedings under Sec. 209 of the U.P. Zamindari Abolition and Land Reforms Act.

(2.) One Lodhwa was the tenure-holder of the plots in suit. He died on April 25, 1953. On his death the plots in suit came in possession of Smt. Surji the married daughter of Lodhwa and after the death of Smt. Surji which followed soon after her husband came in possession of the same. At the time when Lodhwa died, in accordance with the law in force then there were no heirs of Lodhwa with the result that the property wont to the Gaon Samaj. Since after the death of Lodhwa Smt. Surji and her husband came in possession their possession was considered to be unlawful by the Gaon Samaj. Gaon Samaj treating them as trespassers proceeded under rule 115-C of the U.P. Zamindari Abolition and Land Reforms Rules for their ejectment and got them ejected and took possession on July 22. 1954. Thereafter the Gram Samaj leased out the disputed plots to the Junior High School, Chandra Bhushanganj, district Rae Bareli petitioner No. 1. it appears that the U.P. Zamindari Abolition and Land Reforms Act was amended by Act XVI of 1953 by which amendment sister and sister's sons were made legal heirs to a tenure-holder and this amendment was directed to have effect retrospectively from the date of vesting. The result of this amendment was that although at the time of the death of Lodhwa respondents Nos. 2 to 4 were not his legal heirs but by virtue of the amendment they were deemed to be heirs and legal representatives of the deceased tenure-holder Lodhwa from the time of his death.

(3.) Respondents Nos. 2 to 4 Sahib Din and others having given the above facts instituted the present suit on July 7, 1956 for the ejectment of the petitioner No. 1 treating the possession of petitioner No. 1 as that of a trespasser.