SHITAL PRASAD Vs. MOHAMMAD SABBIR

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit for ejectment of the defendant respondent from a portion of a bhumidhari Plot No. 142 as well as for recovery of arrears of rent and damages. Both the courts below have dismissed the suit. Hence this Second Appeal.

(2.) THE facts relevant for the decision of this appeal lie within a narrow compass. THE appellants were bhumidhars of the aforesaid plots, a portion of which was let out by them to the defendant on a monthly rental of Rs. 30/- under a lease executed on 18-9-1972. THE case of the plaintiff is that defendant fell in arrears whereupon they sent a combined notice demanding the arrears as well as possession of the leased land. On the failure of the defendant to comply with the notice the present suit was brought. THE defence was that by operation of sections 156 and 165 of the UP ZA and LR Act (the Act for short hereafter) he became sirdar of the disputed land and subsequently in consequence of the legislative changes made in these and other related provisions he became its bhumidhar.

(3.) THE next relevant provision is section 165 of the Act which as it stood on the date of letting lays down :