K. P. Singh, J. - (1.) THIS is a plaintiff's writ petition against the judgment of the Second Appellate Court dated 6-2-1978 in Second Appeal No. 3 of 1971-72 (Muzaffarnagar) Bhurey and another v. Phool Singh and others.
(2.) THE plaintiff-petitioner no. 1 had approached the Trial Court with the allegations that the tenure-holder Phool Singh had executed a lease dated 6-11-1965 in his favour and since then he had been in possession over the disputed land. THErefore, he acquired sirdari right in the disputed land and the right and interest of Phool Singh became extinct in the disputed land. The contesting defendants namely Man Singh and Beg Ram refuted the contentions raised on behalf of the plaintiff with the allegations that the tenure-holder Phool Singh had executed an agreement to sell in their favour on 14-7-65 and with a view to nullify the agreement to sell he executed a lease in favour of the petitioner no. 1 fictitiously. It was further alleged that the plaintiff had no right and title to the disputed land hence the suit should be dismissed. All the revenue courts have negatived the claim of the plaintiff' petitioners and aggrieved by their judgment they have approached this Court under Article 226 of the Constitution,
(3.) THE learned counsel for the petitioner has contended before me that the tenure-holder Phool Singh executed an invalid lease in favour of the petitioner no. 1, hence the right and title of the tenure-holder became extinct in the disputed land and the petitioner no. 1 acquired sirdari right in the disputed land. The second contention raised on behalf of the petitioner no. 1 is that Gaon Sabha did not institute any suit against petitioner no. 1 hence the petitioner no. 1 has acquired sirdari right in the disputed land on the basis of his adverse and continuous possession for more than statutory period.;