ABDUL LATIF AND ANOTHER Vs. ABDUL HAKIM KHAN
LAWS(ALL)-1965-2-38
HIGH COURT OF ALLAHABAD
Decided on February 17,1965

Abdul Latif And Another Appellant
VERSUS
ABDUL HAKIM KHAN Respondents


Referred Judgements :-

TIKAM SINGH V. CHATTAR PAL SINGH AND ANR [REFERRED TO]
JAGAT NARAIN AND ANR. V. LALJEE AND ORS [REFERRED TO]



Cited Judgements :-

SWARUPA AND OTHERS VS. THE DY. DIRECTOR OF CONSOLIDATION UP AND OTHERS [LAWS(ALL)-1970-3-35] [REFERRED TO]


JUDGEMENT

S.N. Singh, J. - (1.)MUNSHI , Ausaf Ali and Shrimati Munshan were sirdars of plot No. 567 of village Pachpeda Pergana Tahsil and district Meerut. It appears that on 19th Feb., 1951 these sirdars deposited ten times of revenue for obtaining Bhumidhri Sanad in respect of the plot in suit. After having deposited the aforesaid amount two of them i.e. Munshi and Ausuf Ali executed two sale deeds in respect of their 2/3rd share in favour of Abdul Latif and one another on the same date. It appears that Sanad was issued in favour of the sirdars on Feb. 20, 1951. Thereafter we find that the remaining l/3rd share of Smt Munshan was also sold to Abdul Latif and Shafiullah Plaintiffs with the result that by 22nd of June 1957 they became full fledged Bhumidhars of the plot in suit. It appears that they were dispossessed by the Defendant Abdul Hakim Khan as such the present suit under Sections 209 of the UPZA and LR Act was filed.
(2.)THEIR case in brief was that they were bhumidhars of the plot in suit and the Defendant Abdul Hakim Khan had dispossessed them wrongly in August 1955, They alleged that the land in suit Was fertile one. On account of their dispossession they had incurred loss. They prays for the ejectment of the Defendant and for recovery of damages at the rate of Rs. 30/ - per year.
The defence to the case was that the Defendant was in possession for more than six years. He further said that he was in cultivatory possession in 1359 Fasli and acquired Adhivasi rights. The claim of damages was denied and, it was said to be excessive.

(3.)THE trial court framed four issues in respect of bhumidhari rights of the Plaintiffs, sirdari rights of the Defendant, as to what amount of damages was recoverable from the Defendant and as to whether the suit was within time.
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