MAN ALIAS UDIT NARAYAN Vs. LALITA SINGH

JUDGEMENT

(1.) This is a defendants appeal and arises out of a suit for ejectment brought in the revenue Court. The facts are these : Plot No. 467 was divided into six plots, all placed in different mahals, under different zamindars. Plots Nos. 467/3, 467/4, and 467/6 constituted a grove and were recorded as such. The case of the plaintiffs was that these plots lost their character as groves and they were entitled to eject the defendants.

(2.) The defence was that the defendants were grove-holders. Proprietary rights were also claimed.

(3.) The issue of proprietary title was referred by the Revenue Officer to the civil Court, which returned a finding adverse to the defendant. It however found that the defendants were hereditary tenants within the meaning of Section 206, U.P. Tenancy Act, (17[xvii] of 1939).