BALMIKI SINGH Vs. MATHURA PRASAD

JUDGEMENT

(1.) THIS is a defendant's second appeal against the decree of both the Courts below.

(2.) MATHURA Prasad, Shyam Lal and Dan Bahadur respondents instituted a suit against Balmiki Singh appellant for possession over plots Nos. 428/22, 444/12 and 429/ 25 of village Kundru of district Gonda and recovery of Rs. 60 as damages, alleging that Ram Govind, the father of respondent No. 1 and grand father of respondents Nos. 2 and 3, was a Sub-tenant of the disputed plots and became an adhivasi on the enforcement of the U. P. Zamindari Abolition and Land Reforms Act, 1950. They alleged that Ram Govind died subsequently and as his heirs the respondents became the adhivasis of the disputed plots and became sirdars thereafter on 30-10-1954. The appellant is said to have wrongfully cut away the crops of these plots causing a loss of Rs. 65 to the respondents.

(3.) THE trial Court held that the respondents and not the appellant were the adhivasis and thereafter sirdars of the disputed plots, that the suit was within time and that the respondents suffered damage to the extent of Rs. 60. The suit was accordingly decreed. The appeal was dismissed by the first appellate Court.