SMT. INDRA Vs. RAJ BALI TIWARI AND OTHERS
HIGH COURT OF ALLAHABAD
Raj Bali Tiwari
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These four appeals arise out of a suit under Section 229-C of the U.P. Zamindari Abolition and Land Reforms Act.
(2.)THE appellant in all the four suits is the same but there are different defendants respondents in the four appeals. The point in all the four appeals being the same and the two Courts having decided the cases by a common judgment I also propose to decide them by a common Judgment.
The case of the plaintiff in all the four suits in brief was that she claimed to be the bhumidhar of the plots in suit and alleged that the defendants in respective suits claimed to be asamis but as a matter of fact they were not asamis and as such it might be declared that the defendants had no concern with the plots in dispute. The defendants in these cases contested the suit on the ground that they were sirdars and in the alternative adhivasis and that they never claimed asamis rights The allegation made in the plaint that the defendants claimed asamis rights was false.
(3.)THE trial Court on a consideration of the evidence on the record came to the conclusion that the plaintiff was the bhumidhar and the defendants in those cases had no concern with the plots in suit and as such decreed the suit of the plaintiff with a declaration that plaintiff was the bhumidhar and the defendants had nothing to do with the plots in suit.
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