SANGRAM SINGH Vs. ZAHAR SINGH

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit filed in the Revenue Court for ejectment of defendants 1 and 2, under Section 180, U.P. Tenancy Act. The plaintiff alleged that by an agreement between the co-sharers he alone was entitled to eject and settle tenants on plot No. 4559 (old)-4317 (present), that formerly Mt. Sunder Kunwar was the tenant and Kallu was her sub-tenant of the plot, that after Sunder Kunwar's death the plaintiff obtained a decree for ejectment against Kallu, who was ejected. Thereafter, the plaintiff let out the land to one Balwant Singh, but before he could take possession, defendants 1 and 2, who are co-sharers, took possessions without the consent of the plaintiff. He accordingly sued for their ejectment and for damages.

(2.) The defence of defendants 1 and 2 was that they were not trespassers, but that they were co- sharers, and that they could not be ejected.

(3.) An issue about the proprietary title of the defendants was referred to the Civil Court, which found that the defendants were co- sharers, but were not in possession as such. The Revenue Court thereupon decreed the suit for ejectment and for Rs. 38-11-2 as damages. The defendants went up in appeal to the lower appellate Court. This appeal was allowed on the ground that the Revenue Court had no jurisdiction to eject co-sharers. The Court relied upon a Full Bench decision of this Court reported in D. N. Rege, Solicitor V/s. Mohammad Haider . Against this decision the plaintiff has come up in second appeal to this Court.