HARINATH Vs. RAM PRATAP SINGH AND ANOTHER

JUDGEMENT

(1.) THIS second appeal, which is directed against the decree passed by Sri B. K. Sharma, Addl. Civil Judge, Mirzapur, dated 3-7-1958, has come to us on a reference made to a Full Bench by a Division Bench of this Court.

(2.) SUIT No. 1 of 1954, which has given rise to this second appeal, was filed by the appellant, Harinath, under Section 232 of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the U. P. Z. A. and L. R. Act) against the respondents, Ram Pratap Singh and Gauri Shanker, in the Court of the Assistant Collector I Class Mirzapur, for recovery of possession of plots nos. 332/2, 455, 466 and 430 situate in village Chand Lewa Kalwan Tappa, district Mirzapur.

(3.) IN the suit under section 232 of the U. P. Z. A. and L. R. Act, referred to above, Harinath claimed possession, as already stated earlier, on the ground that he had acquired Adhivasi rights and was entitled to reinstatement of possession in view of the provisions of Explanation I of Section 20 of the U. P. Z. A. and L. R. Act. He claimed possession of those plots which he was to give up under the compromise entered into the suit under section 180 of the U. P. Tenancy Act, and of which he was dispossessed on 26-5-1949 in execution of the decree passed in the suit under section 180 of the U. P. Tenancy Act.