SHISH PAL SINGH Vs. JABAR SINGH

JUDGEMENT

(1.) Shishpal Singh one of the defendants have brought this second appeal under Sec. 331 of U.P.Z.A. & L.R. Act against the Judgement and decree of the Additional Commissioner, Meerut Division, Meerut dated 24-1-1980 allowing the appeal of the plaintiff Jabar Singh against the Judgement and decree of S.D.O. Bulandshar dated 30-1-1979 dismissing his suit under Sec. 209 of U.P. Act No. 1 of 1951.

(2.) The facts of the case in nut - shell are that the plaintiff Jabar Singh and his brother Dalel Singh were recorded bhumidhars. Plaintiff alleged that Dalel Singh had died issueless and the plaintiff being his brother his heir and is the sole bhumidhar. His case is that the defendants forcibly occupied the land in dispute in 1379 fasli and are liable to ejectment. The defense was that the land is not identifiable and the plaintiff has no cause of action and that the rights of the defendants have perfected under Sec. 210 of the U.P.Z.A.and L.R. Act. The appellant Shishpal Singh was also impleaded as a defendant because he had purchased plot no. 1198 belonging to defendants nos. 1 and 2 and he had also forcibly occupied the disputed plot no. 1197 which is adjacent to plot no. 1198. His plea was that since rights of the defendants nos. 1 and 2 had perfected by adverse possession, hence he also became sirdar of the land as a consequence of transfer of plot no. 1197.

(3.) The trial court appointed an advocate commissioner and on his report it found that the land was not identifiable and accordingly dismissed the suit.