BASDEO Vs. RAMJEET

JUDGEMENT

(1.) This second appeal by defendant Basdeo is directed against the judgment and decree handed down by Additional Commissioner on 13-8-1981, dismissing first appeal against trial Courts order dated 4-9-1990 decreeing Ramjeets law suit under Sec. 229-B Z. A. and L. R. Act, 1951.

(2.) The facts as per exposition in the pleadings are : On 21-7-1983 Ramjeet and Dulare institute a lawsuit for a declaratory judgment under potion 229-B, Z. A. Act in the Court of Assistant Collector, First Class Fatehpur. The pleading is that land is acquisition of material grand father Manni. The mother of plaintiffs and defendant Basdeo was Smt. Suhagia daughter of Manni. She has entered upon inheritance on death of her husband. On death of Smt. Suhagia the land has jointly devolved upon them; plaintiffs and defendant Basdeo. They are co-bhumidhar tenants in possession. That during process of consolidation plaintiffs were minors; their brother Basdeo was elder and therefore Karta of the family. He has skilfully manouvered the entry of his name alone in revenue records. They were started to discover absence of their names taking an extract of Khatoni in Jan., 1983. The relief of a declaration that they are co-bhumidhar tenants in possession with defendant Basdeo of suit land is prayed for.

(3.) On 27-7-1983 a written statement in denial by defendant Basdeo. He refutes land is ancestral; rather it has been separately acquired by him from his resources and labours. The parties lived in village Trilochanpur but he has shifted long before to village Tendwa where he had acquired the land. In consolidation processing the guardian of minors was their father Behan, not he as elder brother. The denotification of consolidation had been issued 20 years ago; the right, title and interest is no-longer open to revaluation. That Manni was only an Asami whose right had completely extinguished. The land came to him through a new settlement with Zamindar before abolition of Zamindari. Significantly he was in possession during the life-time of ancestor Manni. When Manni dies Ramjeet and Dulare were not born. On Manni's death all right, title and interest has vested in him and he came into valid possession. Consequently no question is of accrual of title and declaration of co-tenancy right. The relief to dismiss the suit is prayed for.