Prakash Krishna, J. - (1.) This is defendants' appeal. It arises out of Original Suit No. 40 of 1976 filed by the respondents (hereinafter referred to as the plaintiffs) for declaration that the plaintiffs are the owners in possession of Plot No. 3838 area 11 Biswas in village Tappal and necessary correction to be made in the revenue record by deleting the revenue entry in favour of Ram Leela Maidan.
(2.) The suit was instituted on the pleas, inter alia, that the father of the plaintiffs purchased the aforesaid plot in a public auction held on 22.5.1935 and he became the owner of the said piece of land. It was earlier recorded as Nazool land and was put to auction by the State of U. P. Their father Sri Sukhram Sharma by a registered Izazatnaina dated 22.6.1938 permitted the Committee Ram Leela, Tappal, to organise annual Ramleela over 11 Biswas of land and the Ramleela Committee has been organising Ramleela since then. No right of ownership has been accrued to Ramleela Committee by holding Ramleela being the licensee of the plaintiffs. However, the plaintiffs have got constructed "Thorne" (Singhasan). One Murari Lal has purchased the other part of the property. The disputed plot was abadi of the plaintiffs' father before abolition of Zamindari and after his death it continued to be abadi of the plaintiffs. But the defendants got their name of Ramleela Maidan entered in the revenue record without any basis. Hence the present suit.
(3.) The suit was contested by the present appellants (hereinafter referred to as defendants) on number of pleas by filing separate written statement. It was pleaded that land in suit was never recorded as abadi land even before the abolition of Zamindari the right, title and interest, if any, of the plaintiffs have come to an end over the disputed portion of land after abolition of Zamindari. It was recorded as banjar in the revenue records after the abolition of Zamindari. No construction was in existence before abolition of Zamindari and the disputed land is being used from time immemorial more than 60 years for holding Ramleela without any interruption and the public of Kasba Tappal have acquired the customary rights to hold Ramleela there on. The construction on the disputed land were raised for the purposes of Ramleela festival by the defendant appellant No. 2 after taking necessary permission from the Sub-Divisional Officer and Gram Sabha. In place of Kachcha Singhasan a Pakka Singhasan and Kothari have been constructed by the defendant appellant No. 2.;