FAKHRUDDIN Vs. BABBAN

JUDGEMENT

(1.) The facts as come to our notice are : On 19-2-1990 Babban and eight others move an application under Sec. 143 Z. A. Act in the court of sub-Divisional Officer Ghosi, district Mau. They over Khasra Nos. 189 Ga area 20 Karis and Khasra No. 189 Gha area 19 karis is their abadi; a house and a courtyard coming down from before abolition of Zamindari. A litigation in civil court was instituted by recorded tenant Fakhruddin but dismissed with a finding that their abadi is over the land. Consequently the relief of a declaration that land has ceased to be held for a purpose connected with agricultural etc. is prayed for.

(2.) On 19-7-1990 Naib Tahsildar Ram Kripal Singh submits a report that contents of application are breadly correct the land is not in use for agriculture purposes. It has abadi : a house and courtyard and a declaration is eminently proper : to make entry of Verg 6 (2) Land Records Manual. Also name of tenant Fakhruddin be expunged.

(3.) In denial is an objection dated 31-8-1990 by Fakhruddin. He says application under Sec. 143 Z. A. Act is maintainable only at the instance of a recorded tenant. The report of Naib Tahsildar is against the provision on the subject. The decision of civil court is beside the point and it has no jurisdiction to render an opinion as respects revenue paying land. The application is barred under Sec. 49 C. H. Act. The relief to dismiss the application is prayed for. On 18-12-1991 trial Court orders that land be recorded under 6 (2) Land Records Manual. The name of Fakhruddin be expunged from the records.