NAGAR MAHAPALIKA Vs. RAM PRAKASH

JUDGEMENT

(1.) This is a second appeal against the decree dated Jan. 31, 1972 passed by the Additional Commissioner, Allahabad Division, Allahabad confirming the decision of the Assistant Collector, 1st Class, Kanpur, dated June 18, 1969, in a suit under Sec. 229-B of the U.P.Z.A. and L.R. Act.

(2.) I have heard the learned counsel for the parties and have gone through the record.

(3.) The respondent No. I, Ram Prakash, had filed a suit seeking a declaration of Sirdari rights in plot No. 9 in village Nawaiya alleging that one Sahadin was the tenant of the land, that during the life time of Sahadin the plaintiff's father Bali had acquired adverse possession and that his father had become Sirdar of the land by virtue of continuous adverse possession. The suit was contested by the Nagar Mahapalika, Kanpur which claimed that the land has vested in it as the previous tenure-holder Sahadin had died without leaving an heir. The Nagar Mahapa-like admitted that the plaintiff's father and the plaintiff had unlawfully trespassed over the land but denied that they acquired any Sirdari rights by such trespass. The courts below have decreed the suit. The Nagar Mahapalika has come up in second appeal.