- (1.) Heard Sri Amit Kumar Singh, Advocate, holding brief of Sri P.K. Jain, learned counsel for appellants.
(2.) The only argument advanced by learned counsel for plaintiffs is that in khasra of 1337, disputed land was shown as Abadi in the possession of plaintiff-appellants but the same has been ignored by Courts below illegally though in view of aforesaid entry, plaintiff-appellants were entitled for benefit of Section 9 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act, No. 1 of 1951) (hereinafter referred to as "Act, 1950") and the Courts below have committed illegality in denying the same to plaintiffs on the basis of entry contained in the record of consolidation proceedings.
(3.) Section 9 of Act, 1950 reads as under: "9. Private wells, trees in abadi and buildings to be settled with the existing owners or occupiers thereof.- All wells, trees in abadi and all buildings situate within the limits of an estate belonging to or held by an intermediary or tenant or other person whether residing in the village or not, shall continue to belong to or be held by such intermediary tenant or person, as the case may be, and the site of the wells or the buildings within the area appurtenant thereto shall be deemed to be settled with him by the State Government on such terms and conditions as may be prescribed.";