SUDAMA AND OTHERS Vs. BOARD OF REVENUE, U P, AT ALLAHABAD AND OTHERS
LAWS(ALL)-1965-7-42
HIGH COURT OF ALLAHABAD
Decided on July 15,1965

Sudama And Others Appellant
VERSUS
Board Of Revenue, U P, At Allahabad And Others Respondents


Referred Judgements :-

THAKUR PRASAD KALWAR V. RAM KHELAWAN [REFERRED]


JUDGEMENT

- (1.)This petition under Article 226 of the Constitution arises out of a suit under Section 56/180, U.P. Tenancy Act.
(2.)One Ahmad Yar Khan, opposite party No. 3, filed the suit for a declaration that he was the hereditary tenant of the plot in suit on the basis of a lease executed on the 2nd of June, 1951. His case was that Smt. Sudama was the original tenant, who remarried with the result that the plots in suit reverted to the zamindar who executed the aforesaid lease in favour of the Plaintiff. He further said that Sri Krishna, Ganga, Sudhi and Asharfi Defendants had unlawfully occupied the land in suit. Defendant No. 6, Sri BrijKishore, was impleaded, being the zamindar of the plots in suit. It appears that during the pendency of the suit the State of U.P. and the Gaon Sabha, Markhapur were also impleaded in view of Rule 110B read with Rule 7 of the U.P. Zamindari Abolition and Land Reforms Rules.
(3.)The Plaintiff's case was admitted by Defendant No. 2, Sri Krishna. Defendants Nos. 1 and 3 to 5 filed a joint written statement contesting the claim of the Plaintiff and disputing the right of the Plaintiff to get the relief claimed. The trial court, on a consideration of the evidence adduced before it, held the Plaintiff's case proved and decreed the suit. It, however, ordered that execution could not take place till the Sanad was cancelled under Section 12 of the Act X of 1949.
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