AMIR ALI Vs. BABU LAL

JUDGEMENT

(1.) This appeal is filed by Amir Ali and four against the order of Additional Commissioner dated 26-10-1994 who rejects first appeal against the order of trial Court dated 9-4-1992 dismissing suit under Sec. 229-B, Z. A. Act by reason of bar under Sec. 49, C. H. Act.

(2.) The facts are ; On 19-12-1989 Amir Ali and four others institute a lawsuit under Sec. 229-B, Z. A. Act in the Court of Assistant Collector. First Class, Soraon, Allahabad, Plaintiff's claim they are bhumidhar tenants in possession of land. That defendants Babu Lal and others have no concern whatsoever. There are his trees over the land and Possession has matured into title. An inspection of Khatoni extract on 29-8-1989 has led to a sturning disclosure that name of defendants Babu Lal is entered in. The relief of a declaration that they are Bhumidhar tenant in Possession.

(3.) In denial is a written statement by defendant 21-3-1990. The pleadings of the parties lead to issues on 10-4-1990. Parties have been given chance to lead their evidence. On 9-4-1992 Assistant Collector First Class enters an order that suit is barred by Sec. 49, C. H. Act deciding the suit on a preliminary issue. The appeal is dismissed by Additional Commissioner on 26-10-1994. Consequently second appeal.