RAM BALI Vs. JAIPAL

JUDGEMENT

(1.) THIS is a plaintiff' s second appeal in a suit for declaration that the plaintiffs are the Bhumidhars of an area of 21 decimals shown by the letters ABCD on the plaint map out of plot No. 66, which number had been given to it by the consolidation authorities in place of its original number 406. The case of the plaintiffs-appellants was that although they were Bhumidhars of the middle portion of that plot while the defendants were Bhumidhars of two portions, one to the north and the other to the south of their portion, the consolidation authorities by mistake recorded the whole of the plot No. 66 in the name of the defendants as Bhumidhars.

(2.) THE trial court dismissed the suit. THE lower appellate court maintained the dismissal of the suit on two grounds : (1) that the civil court had no jurisdiction to try the suit; and (2) that the suit was barred by S. 49 of the U. P. Consolidation of Holdings Act.

(3.) IN the result, the appeal fails and is dismissed with costs. Appeal dismissed.