M.M. Gopal, J. - (1.) This second appeal has been filed against the Judgement and decree dated 15-1-1972 of the learned Additional Commissioner by which he dismissed the appeal and upheld the Judgement dated 26-11-1969 of the trial court. The trial court has dismissed the 4 suits by its common Judgement.
(2.) Heard the learned counsels for the parties and have also gone through the relevant papers on file.
(3.) The facts of the case are that 4 suits were filed under Sections 59, 61, 180 of Act No. 17, 1939 (U.P. Tenancy Act) by Parma and others for sole tenancy of Raghunaths land who died. The relevant pedigree for considering the case is as follows:- ...[VERNACULAR TEXT OMITTED]... It is alleged that after the death of Raghunath, the plaintiffs acquired right being his fathers brothers sons. On 25-1-1961 joint written statement was filed by Madan, Babban and Dinanath and Bhola Nath. They denied the right and title of the plaintiff and inter alia alleged that a gift deed was executed on 26-10-1957 by Raghunath in favour of defendants (Raghunath died on 27-10-1957). Hence the defendants are exclusively owners of the land of Raghunath and the plaintiffs have no right over the same. The trial court dismissed all the four suits of different khatas by a common Judgement; in the same way the lower appellate court has dismissed four appeals by a common Judgement. Here four second appeals have been filed and they are being decided by one common Judgement.;