BALAK RAM Vs. JODHA AND OTHERS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree dated 17-11-1981 passed by the Additional Commissioner, Lucknow Division, Lucknow, in Appeal No. 372 of 1979-80, allowing the appeal and setting aside the judgment and decree dated 10-10-79 passed by the Assistant Collector First Class, Hardoi, in Suit no. 5/15/19/331 under Sections 229-B/209 of U.P. Act I of 1951.

(2.) The facts in brief are that Balak Ram, plaintiff-appellant, filed a suit under Sec. 229-B of U.P. Act I of 1951 in respect of plot No. 141, area 2-14-15 situated in village Sahaura. Pargana and Tahsil Shahabad, District Hardoi, on the allegations that he had been in possession over the land in dispute for over ten years, that he was a landless agricultural labourer and was a Harijan, that he held land less than 3.125 acres together with this land, that he had been in possession over the land in dispute on 30th June, 1975 and as such he became a bhumidhar of the land in suit, and that a lease of this land had been executed in favour of defendants Nos. 1 and 2, Jodha and Chhutta which was illegal. The suit was contested by the defendants alleging that they were allotted this land, and that the plaintiff was not in possession of the land in dispute. The suit of the plaintiff was decreed by the trial Court. Against that an appeal was preferred before the learned Additional Commissioner, who allowed the appeal on 17-11-1981. Against that order of the learned Additional Commissioner, the instant second appeal has been filed.

(3.) I have heard the learned counsel for the parties and have perused the record.