SIYA RAM Vs. GOAN SABHA

JUDGEMENT

(1.) The facts are : On 4-9-1981 Rakesh and Jag Mohan institute a law-suit under Sec. 229-B Z. A. and L. R. Act in the Court of Assistant Collector, First Class Phulpur, Allahabad. The pleading is that they are in possession over the land for over 40 years beginning from the time of their ancestor. That Gaon Sabha has no concern with suit land and is not in possession. It is alleged land has vested, in Forest department but, there is no real basis for it. Their possession is from before abolition of Zamindari and they have matured title as Bhumidhar tenant in possession. The relief of a declaration is accordingly prayed for.

(2.) A written statement on behalf of Collector in denial of case. Also a separate written statement by Forest Department through Divisional Forest Officer, Fatehpur. The pleadings of the parties lead to issues; evidence has been admitted. On 31-3-1983 Assistant Collector First Class has dismissed the suit. The appeal is dismissed by Additional Commissioner on 10-10-1984. Consequently second appeal by Siya Ram and Smt. Dulari Devi.

(3.) Heard the Counsel for the appellants; the record has been perused.