GURU BAKHSH SINGH Vs. CHARAN DAS AND OTHERS

JUDGEMENT

(1.) This second appeal is directed against the judgment and decree passed by Virendra Kumar Channa Commissioner, Kumaon Division, Nainital, dated 25-11-81.

(2.) The facts in brief are that Gurubakhsh Singh son of Lal Singh, filed a suit under Sec. 229-B of U.P. Act I of 1951 against Charan Das, State of U.P. and Gaon Sabha on the allegations that he was in adverse possession of the land in dispute for about twenty years and as such he had acquired tenure-holder's rights in respect of the land in dispute, that he had acquired his rights prior to Jan. 1970 when Tenancy Act was applicable to the land and when U.P. Zamindari Abolition and Land Reforms Act came into force, he became sirdar of the land in dispute. The suit was contested by the State of U.P. alleging that the land was of public utility and no rights could accrue to the plaintiff-appellant. The suit was dismissed by the trial court. Against that an appeal was preferred before the learned Commissioner, who held that the tenure-holder had abandoned the holding and as such no rights could accrue in respect of such land.

(3.) I have heard the learned counsel for the appellant and the learned DGC (R) and have perused the record.