TOWN AREA, SISAULI Vs. NARSINGH AND OTHERS

JUDGEMENT

(1.) This is a second appeal under Sec. 331 of the U.P.Z.A. & L.R. Act filed by Town Area, Sisauli, Pargana Shikarpur, district Muzaffarnagar against the judgment and decree of the Additional Commissioner, Meerut dated 19-6-1979 reversing the judgment and decree of the Assistant Collector 1st Class, Muzaffarnagar dated 7-12-1987 through which the suit was filed by the appellant under Sec. 167/168-A of the U.P.Z.A. & L.R. Act.

(2.) The plaintiff-appellant filed this suit with the allegation that defendant No. 7 Manga is a bhumidhar of plot No. 1128 having an area of 3-17-0 out of which he made a transfer of only a fragment having an area of 0-11-15 in favour of defendant No. 1 to 6 by sale deed dated 29-3-1971. The sale deed being for the fragment of the holding was void, hence the plaintiff claimed possession on the land sold to the defendants No. 1 to 6.

(3.) The defendants contested the suit alleging that their land is contiguous to that of the sold area, hence the sale deed was not void and no rights can be accrued to the plaintiff.