R.L. Gulati, J. - (1.) THIS is a Plaintiff's first appeal from order which has been referred to a Division Bench by C.B. Capoor, J. by his order dated 20 -1 -1967 as in his opinion the decision of a learned single Judge in Rameshwar v. Ram Asrey, 1965 AWR 367 requires reconsideration.
(2.) THE Plaintiff filed a suit in the court of the City Munsif Varanasi in respect of an agricultural plot of land for a permanent injunction restraining the Defendants: (i) from cutting the crops standing over the plots in suit; (ii) from interfering with the Plaintiff cultivating the plot in suit and enjoying the fruits of it; and (iii) from interfering with the Plaintiff in his possession over the plot in suit. The Plaintiff's case as disclosed in the plaint was that the plot in suit was under his tenancy and occupation since 1356 F., that originally he was the sub -tenant of the plot but after the abolition of zamindari he became its adhivasi and later he became sirdar and after paying ten times, the rent to the Government he acquired the status of a bhumidhar. He further alleged that the Defendants had no Concern with the plot but they were interfering in his cutting the crop which he had sown and had threatened that they would not allow the Plaintiff to cultivate the land in suit.
(3.) THE Defendants contested the suit on the ground that the land in dispute belonged to a joint family of which the Defendants and the Plaintiff were the members and that the compensation for acquiring bhumidhari rights had been paid to the government out of the joint family fund but the name of the Plaintiff alone had been entered in the revenue papers because he was the karta of the family.;