- (1.) The Plaintiff Appellant filed a suit under Section 209 of the UPZA and LR Act in respect of plots Nos. 721/2 measuring 1.25 acres, 725/2 measuring 63 acres situate in village Besahni Kurmor, Pargana Dhuriyapar and plots Nos. 723/3 measuring 40, 881/2 measuring 49 and 330/3 measuring 10 acres in the same village.
(2.) The case of the Plaintiff in brief was that he was admitted to tenancy in Baisakh 1351-F and he became hereditary tenant of the plots in suit. It was said that except for plot No. 330/3 the Plaintiff deposited ten times of the rent and obtained Bhumidhari Sanad in respect of the rest of the plots and occupied the land in that capacity. It was further said that proceedings under Section 212-A of the UPZA and LR Act were taken against the Plaintiff in respect of the plots in suit. According to the Plaintiff the proceedings were due to illwill and that the order passed under Section 212-A was against the provision of law. The order passed under Section 212-A was challenged on various grounds. One was on the ground of jurisdiction, the other was that the court passed an order of ejectment without payment of compensation and the third was that the same was ultravires. The other allegations of the plaint are not relevant for the purposes of this case. The prayer made was for recovery of possession on ejectment of the Defendants.
(3.) The suit was contested by the Gaon Sabha on the ground that the suit under Section 209 of the UP ZA and LR Act was not maintainable. The title of the Plaintiffs to the plot in suit was denied and it was said that Bhumidhari declaration was obtained by fraud. It was further said that a valid order had been passed under Section 212-Aand no suit having been instituted within the period of six months the Plaintiff had no right of suit now. Plea based on Section 35-A of the Code of Code of Civil Procedure was also raised.;