KARIMUL HASSAN Vs. ANSAR AHMAD

JUDGEMENT

(1.) This second appeal by Karimul Hassan and five others is directed against the order of Additional Commissioner dated 13-10-1985 dismissing first appeal against trial Court's order dated 2-5-1994 an order decreeing lawsuit of Ansar Ahmad and others.

(2.) The facts as appear from exposition in the pleadings are : On 8-10-1991 Ansar Ahmad and two others institute a lawsuit under Sec. 229-B Z. A. and L. R. Act in the Court of Assistant Collector, First Class, Chail, Allahabad. They claim adverse possession over Khasra No. 609 area 0-18-10 from before 1383F. That requisite period of limitation to mature title has over-run 12 years. The defendants 1 and 2s brother are Nurul Hasan, Jan Mohd. and Jumman who have died in this while. The legal heirs of Nurul Hassan are defendants 3 to 6 in suit. Jan Mohd. has died issueless. The right, title and interest of defendant and their predecessor-in-interest have become extinct. The inspection of revenue records in Feb., 1991 has led to startling disclosure that names of defendants 1 to 6 continue in records as yet even though they are not in prosecution. The relief of a declaration that they are Bhumidhar tenants in possession by virtue of adverse possession is prayed for.

(3.) In denial is a joint written statement by defendants Karimul Hassan, Faridul Hassan, Salauddin and Saifuddin lodged on 28-7-1992. After denial of case set forth the assertion is that area of Khasra No. 609 is 1-8-0 and suit is in respect of 0-18-10. No separate identifiable location is given. On this count alone suit is not maintainable. The plaintiffs are not in possession and therefore, no question of accrual of right through adverse possession. The entries in revenue records against formideable fact of possession is pointless and futile. The entry of Ziman 9 in khatoni is unauthorised and insupportable. Their names in papers are perfectly valid. The claim of possession for over 12 years is incorrect and besides. The relief to dismiss the suit is prayed for.