L.D. Bhargava, J. - (1.) This is the defendant's second appeal from the judgment and decree dated 26-12-1967 of the Additional Commissioner, Gorakhpur Division in a case under Sec. 229-B of the U. P. Z. A. and L. R. Act.
(2.) The case of Sheo Shanker and other plaintiffs was as follows:- Smt. Jhinka was the bhumidhar of the plots mentioned in list 'A' and sirdar of the plots mentioned in list 'B'. After depositing 10 times of the land revenue she became a bhumidhar of the plots mentioned in list 'B' also. Thereafter she executed a sale-deed on 29-3-63 in favour of the plaintiffs have prayed that they may be declared bhumidhars. They further prayed that they may be given possession if it was held that they were out of possession.
(3.) The defendants contested the suit on the ground that the plaintiffs were neither bhumidhars of the land in dispute nor in possession of it. They denied that Smt. Jhinka ever executed a sale-deed in favour of the plaintiffs. They further alleged that Smt. Jhinka was an old and illiterate woman and that the so-called sale-deed was obtained by practising a fraud on her. It was also pleaded in the written statement that Smt. Jhinka had died and that the suit was filed against a dead person. The plea of the suit being barred by Section 49 of the U. P. C. H. Act was also taken.;