RAGHUNATH AND ORS. Vs. RAM KHELAWAN AND ORS.

JUDGEMENT

(1.) The dispute between the parties in this case relates to plots Nps. 5317/1 and 5317/2 area 28 acres each, situate in village Machhli Sahar, Fergana Ghesuwa, district Jaunpur. These two plots originally constituted plot No. 5317 measuring 56 acres. Syed Abdullah was the fixed rate tenant of this plot On 24 -8 -1949 he sold his half share in the aforesaid plots to Ram Khilawan, Ram Dular and Daya Ram, respondents Nos. 1 to 3. Thereafter proceedings under Sec. 145, Criminal P.C. were started, Those proceedings terminated in favour of Ram Khilawan, Ram Dular and Daya Ram. Thereafter, on 12th May, 1951 Naresh, father of the appellants Raghunath, Kedar Nath, Jai Nath and Hari Lal filed a suit against Ram Khilawan, Ram Dular, Daya Ram and Kaleem who was the landlord of the plots in dispute (he succeeded Syed Abdullah on the latter's death) under Sec. 183 of the U.P. Tenancy Act, 1939 (hereinafter referred to as the Act) on the allegation, inter alia, that the plots in dispute were sub -let to him (Naresh) by Syed Abdullah, but the respondents Ram Khilawan, Ram Dular and Daya Ram, who had purchased half share of the plot from Syed Abdullah, were interfering with his (Naresh's) possession.

(2.) Ram Khilawan, Ram Dular and Daya Ram contested the suit, inter alia, on the plea that Syed Abdullah, who was the original fixed rate tenant of the aforesaid plots, had sold his half share in the same to them on 24 -8 -1949 and had sublet the remaining half to them. It was also pleaded that Naresh had never been in possession over the land in suit. The Assistant Collector decreed the suit on 23 -4 -1953. Ram Khilawan, Ram Dular and Daya Ram filed an appeal against the decree passed by the learned Assistant Collector. That appeal was heard by the learned Additional Commissioner, Varanasi, who allowed it on 22 -2 -1954 and dismissed the suit filed by Naresh on the ground that the revenue Court had no jurisdiction to try the suit.

(3.) Naresh did not appeal against the decree passed by the learned Additional Commissioner, Varanasi but filed a suit in the Civil Court against Ram Khilawan, Ram Dular and Daya Ram for recovery of possession over the plots in dispute. The Civil Court returned the plaint on the finding that it had no jurisdiction to entertain the suit. Naresh then presented the plaint before the Assistant Collector, I class, Jaunpur on 6 -2 -1958 making it a suit under Ss. 59/180/183 of the Act and sought the relief of ejectment against Ram Khilawan, Ram Dular and Daya Ram. The Assistant Collector decreed the suit on 23 -9 -1959. Ram Khilawan, Ram Dular and Daya Ram filed an appeal against the decree dated 23 -9 -1959. This appeal was heard by the Additional Commissioner, Varanasi who allowed it, set aside the decree passed by the Assistant Collector and dismissed the suit on 7 -6 -1960. Naresh then preferred a second appeal before the Board of Revenue. The Board of Revenue allowed the appeal on 7 -7 -1963/11 -4 -1966 (7 -7 -1965 being the date of the judgment of the Member of the Board of Revenue who heard the appeal and 11 -4 -1966 being the date of the order of concurrence passed by the other Member).