BISHNOO PRASAD Vs. DAU TIKARAM

JUDGEMENT

(1.) THIS appeal is by 28 Defendants who were ordered by the trial Court to be ejected from suit lands described in Schedule C of the plaint. The facts of the case are as follows:

(2.) IN the year 1947 an application for an imperfect partition in respect of village Amdi was made by the present Respondents. A preliminary order in the partition case was made on 11th September 1947. The Amin who was asked to prepare the pattis, prepared them, and filed what are commonly known as kachcha papers in the Court on 13th July 1949. The co -sharers were given time to file objections, which were heard and disposed of by 10th August 1949. On 27th September 1949 the paccu papers were filed, and partition was confirmed in accordance with the map drawn by the Amin on 16th May 1950. During the pendency of this partition, Bishnoo Prasad, who was the Lambardar and who is Appellant No. 1, created certain tenancies on lands which are the subject -matter of the present suit. By Exhibits D -2 to D -11 he created tenancies in favour of all the relations, except Tikaram and Jageshwar, the Plaintiffs. According to the Defendants (appellants) all the co -sharers met together and decided to create these tenancies. The case of the Plaintiffs was that they were not consulted and that these tenancies were created mala fide out of lands which Bishnoo Prasad knew were to be allotted to the patti of the Plaintiff and with a view to depriving them of the benefits of these lands. The present suit was therefore filed on 29th March 1951 for ejectment of these tenants on the averment that the tenancies were created mala fide and not in the ordinary course of village management and were therefore not binding upon the Plaintiffs.

(3.) APPEAL dismissed.