LALTA PRASAD Vs. KHARGA

JUDGEMENT

(1.) This application for revision calls in question the propriety of an order passed by the learned District Judge of Farrukhabad, on the 16 of February, 1922.

(2.) The case has arisen in the following way. A suit was filed in the court of the first class Assistant Collector by Lalta Prasad, plaintiff, against Kharga and others, defendants. This suit was framed as a suit for resumption of a muafi, under Section 150 read with Section 15.4 of the Agra Tenancy Act (Act II of 1901).

(3.) By way of defence to the suit, the defendants pleaded (1) that the land was not capable of resumption inasmuch as it was abadi land and not agricultural land and (2) that by reason of certain facts they had become the proprietors of the land in question. The defendants pleaded that they had held the disputed land in circumstances which gave them the right, under Section 158 of the Tenancy Act, to be deemed proprietors. 3. Three issues were framed by the Assistant Collector: (1) whether the land in suit was abadi land, (2) whether the land was resurnable and (3) whether the land had been held rent-free by the defendants for more than two generations and for more than fifty years.