LAKHMI CHANDRA Vs. BANKEY LAL

JUDGEMENT

(1.) This appeal arises out of consolidation proceeding The dispute relates to an area of 8,38 acres. The Respondents to this appeal have been litigating in respect of the plots in dispute ever since 1942 but have consistently failed in their three rounds of litigation in the revenue courts, and then they also failed before the consolidation authorities. They filed a writ petition which however, succeeded, leading to the present appeal.

(2.) Lakhmi Chandra and others were ejected at the suit of Gokaran Das, Lambardar of the mahal. Gokaran Das in execution took possession on 12th Aug., 1936.

(3.) The Respondents claimed that Gokaran Das executed a registered lease in their favour on 25th Sept., 1936, in respect of 5.97 acres of the land in dispute; The rest 2.41 acres area was given by him to Bankey Lal and others (the Respondents) under an oral lease, Gokaran Das died on 25th June, 1940. Nawab Singh was appointed lambardar in his place on 21st April, 1941.