Prakash Krishna, J. - (1.) THE only point mooted in the present writ petition is whether the suit giving rise to the present writ petition filed by the mother of the petitioner for declaration and possession under Section 229 -B/209 of U.P.Z.A and L.R Act against Suraj Prasad and his wife Smt. Phulmati is barred by Section 49 of U.P Consolidation of Holdings Act (hereinafter referred to as Act). The background facts may be noticed in brief;
(2.) MAHADEO Prasad had two sons, Gaya Prasad and Suraj Prasad (defendant) and was the recorded tenant of the agricultural land in dispute. After death of Mahadeo Prasad, the agricultural plots were inherited jointly by Gaya Prasad and Suraj Prasad. Gaya Prasad died in the year 1947 leaving behind him his widow Smt. Phoollar Devi. The holding continued to be recorded in the name of Suraj Prasad, the surviving son of Mahadeo Prasad. Smt. Phoollar Devi widow of Gaya Prasad instituted suit No. 58 under Sections 229 -B and 209 for declaration that she may be declared co Bhumidhar along with her husband's brother Suraj Prasad in respect of the ancestral holdings. It was further pleaded that out of earning of the ancestral holdings, Suraj Prasad has purchased Khasra Nos. 182 and 405 in the name of his wife Smt. Phoolmati. She was also impleaded as defendant No. 2 in the suit besides Gaon Sabha as defendant No. 3 and State of U.P. as defendant No. 4.
(3.) THE suit was contested by Suraj Prasad and Smt. Phoolmati by filing separate written statements. Suraj Prasad came out with the case that after death of his brother Gaya Prasad his all rights came to an end as the property in dispute came in his exclusive possession and it was also so found by the Tahsildar in mutation proceedings. His name was recorded in the revenue record in the basic year i.e. immediately after the abolition of Zamindari. The other plea raised by him was that the suit is barred by Section 49 of the Act in as much as admittedly the Village where in the disputed plots lie came under the consolidation operation. An objection dated 21.4.1964 was filed by the plaintiff Smt. Phoollar Devi under Section 9 -A of the Act and it was registered at case No. 357. However, the said objection was dismissed on 6.10.1964 though in default.;