RAM KISHUN SINGH AND OTHERS Vs. BENI MADHO SINGH SURJU SINGH AND OTHERS
LAWS(ALL)-1965-8-36
HIGH COURT OF ALLAHABAD
Decided on August 03,1965

Ram Kishun Singh And Others Appellant
VERSUS
Beni Madho Singh Surju Singh And Others Respondents

JUDGEMENT

S.N. Singh, J. - (1.)THE short point involved in this appeal is the interpretation of Section 15 of the UPZA and LR. Act which herein after will be referred as "the Act".
(2.)THIS is a Defendant's appeal in a suit for declaration of bhumidhari right. The Plaintiff came to court on the allegation that Plaintiff along with Defendants were the joint bhumidhars of the plots in suit but the Patwari had wrongly removed the name of the Plaintiff from the revenue records, hence the suit for declaration.
This suit of the Plaintiff was contested by the Defendants Nos. 8 and 9 on the ground that they were joint bhumidhars of some of the plots but in respect of some they claimed to be exclusive bhumidhars. Defendants Nos. 1 to 4 who were Defendants first set claimed certain plots as their exclusive bhumidhari. Defendants Nos. 5 to 7 who were Defendants second set in the case claimed yet another set of plots as their exclusive bhumidhari. All the Defendants denied to be joint with the Plaintiff and asserted that they had their separate cultivation and were in exclusive possession over their respective plots. Defendants Nos. 8 and 9 further advanced the claim of adhivasi right over some of the plots. Pleas based on limitation and estoppel were also taken.

(3.)THE trial court on a consideration of oral and documentary evidence came to the conclusion that there was private partition between the co -sharers inter se which disproved the joint ownership of the parties. On this finding dismissed the suit.
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