Gopi Nath, J. - (1.) This petition is directed against the order of the Board of Revenue dated February 27, 1978 dismissing the plaintiffs suit filed under S. 229-B of U. P. Z. A. & L. R. Act mainly on the ground that it was barred by time.
(2.) The petitioner was a member of Armed Forces. He applied for the allotment of some land to him as a landless person. The allotment was made and a lease was executed in his favour by the Pradhan of Gaon Sabha Ayubpur, Pargana Baraunsa, Tahsil and District Sultanpur on April 4, 1963. It appears that at the instance of some persons interested in the land, proceedings under Section 198 of U. P. Z. A. & L. R. Act were taken against him for the cancellation of the lease. The lease was cancelled by the S. D. O. by an order dated May 14, 1970. The petitioner went up in appeal against that order which was dismissed on September 16, 1970. The petitioner then filed the suit giving rise to this petition under Section 229B for a declaration that he was the Sirdar of the land leased out. to him by the Gaon Sabha and its cancellation was invalid in law. The Gaon Sabha supported the claim of the petitioner. The State of U. P. contested the suit. According to the State the lease was rightly cancelled and the petitioner was bound by the cancellation order passed by the S. D. O. The petitioner has asserted in the petition that no plea of limitation was raised in the written statement filed by the State.
(3.) The trial court dismissed the suit holding that the lease granted by the Gaon Sabha in favour of the petitioner was rightly cancelled and in that connection he relied upon the statement of one Gaya Prasad, Lekhpal in proceedings-under Section 198 of the U. P. Z. A. & L. R. Act. The petitioner was accordingly found to be having no title to the land in dispute. Aggrieved the petitioner went up in appeal and the appeal was dismissed on the ground that the suit was barred under serial No. 24.A of Appendix III of the Z. A. & L. R. Rules. According to the Additional Commissioner the suit was one as contemplated by Section 198 (4) of the Z. A. & L. R. Act and the limitation for filing such a suit was six months from the order of ejectment. Section 198 deals with the allotment of land to persons mentioned therein. Sub-section (2) of that section provides for the cancellation of allotments. Sub-section (3) then states as follows:- "Where a Collector cancels an allotment, the right, title and interest of the allottee or any person claiming through: him shall, subject to the provisions of sub-section (4), cease in the land allotted thereunder which shall revert to the Gaon Sabha and any person holding or retaining possession of such land shall be deemed to be a person who has encroached upon such land and shall be liable to ejectment in the manner prescribed. Sub-section (4) provides as follows:- Any person aggrieved by the order of cancellation passed under sub-section (2) may institute a suit to establish the right claimed by him but subject to the results of such suit the order of cancellation shall be final". Limitation for a suit contemplated under sub-section (4) of Section 198 is provided under serial No. 24-A of Appendix III of Z. A. & L. R. Rules as follows:- JUDGEMENT_106_LAWS(ALL)1_1980.html (See Serial No. 24-A below);