SMT. SARJU KUNVVAR Vs. DEBI DAYAL ALIAS MUNAUWAR
LAWS(ALL)-1965-4-18
HIGH COURT OF ALLAHABAD
Decided on April 26,1965

Smt. Sarju Kunvvar Appellant
VERSUS
Debi Dayal Alias Munauwar Respondents


Referred Judgements :-

AMBA PRASAD V. MAHBOOB ALI SHAH AND ORS [REFERRED TO]
UP PER GANGES SUGAR MILLS LTD V. KHALIL -UL -RAHMAN AND ORS [REFERRED TO]


JUDGEMENT

S.N. Singh, J. - (1.)THE short point involved in this appeal is as to whether a person who is a tenant of Sir of a disabled landholder paving more than Rs. 250/ -as land revenue and is also a recorded occupant in 1356F, does he become an asami under Section 21(h) or an adhivasi Under Section 20(a) (i) of the UP. Zamindari Abolition and Land Reforms Act ?
(2.)THIS is a Defendant's appeal in a suit for recovery of possession over plot No. 3419, village Mantaundh, pargana and district Banda and for damages. The case of the Plaintiff was that he was Adhivasi of the pint in suit being a tenant of Sir of a sirholder who paid more than Rs. 250/ -as land revenue. It was alleged that proceedings under Section 145 of the Code of Civil Procedure were instituted and in those proceedings plot in suit was released in favour of the Defendant in December 1955; hence he instituted the present suit.
The Defendant Shrimati Sarju Kunwari contested the suit on the ground that the Plaintiff was not the tenant of sir nor had he raised any crop as alleged by him. She claimed to be the Bhumidhar of the plot in suit.

(3.)THE trial court framed certain issues and remitted the issue about Adhivasi right to the competent revenue court. The revenue court held that the Plaintiff was a tenant of sir of a landholder who paid more than Rs. 250/ as land revenue , as such he became Adhivasi under Section 20(a)(i) of the UPZA and LR Act. It further held that since the Plaintiff was recorded as an occupant in 1356 F he became an Adhivasi Under Section 20(b)(i) also. Having given these finding the revenue court returned the record to the civil court. The Munsif accepting the findings of the revenue court held the Plaintiff to be sirdar and decreed the suit for possession and Rs. 200/. as damages.
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