RAYMOND BANERJEE Vs. C J VICTOR

JUDGEMENT

(1.) SUNIL Ambwani, J. Heard Shri Manoj Misra, learned Counsel for the defendant-appellant Shri P. K. Misra appears for the plaintiff-respondents

(2.) THE defendant-appellant No. 2 died on 26. 7. 2006. THE right to sue survives on the remaining appellants, who are already on record as appellant Nos. 1/1 to 1/4 as well as appellant Nos. 3 and 4. THE substitution application No. 225409/06 is allowed. Let the record be made by the office of the prayer made by the appel lant in the array of parties.

(3.) THE defendant-appellant Nos. 1 to 4 filed the written statement alleging that the disputed trees are situate in Plot No. 1172 area 0. 33 dismals owned by the defendants. After the plaintiffs sold their land to Shri Ram Yadav, they were not left with any land between Plot Nos. 1129 and 1172. THE subject land was settled with the defendants under Section 9 of the U. P. Zamindari Abolition and Land Reforms Act, 1950 and that the suit is barred by Section 49 of the Consoli dation of Holdings Act, 1953. THE defendants further alleged that the Civil Court has no jurisdiction to decide the suit and that the suit was filed beyond the period of limitation.