Durgeshwar Dayal Seth, J. - (1.) This petition Under Article 226 of the Constitution arises out of the following circumstances. One Mahabir Prasad, father of Smt. Lal Kumari Devi deceased, was the occupancy tenant of the plots in dispute which are situate in the district of Ballia. After Mahabir Prasad's death in 1928 he was succeeded by his widow Smt. Bhagwati Kunwar who also died in 1946 leaving three daughters, namely Smt. Barmati Devi, Smt. Lal Kumari Devi and Smt. Prem Kumari Devi. Smt. Barmati Devi executed a deed of gift in favour of Petitioner No. 2 Sri Chitranjan Prasad Varma and others and divested herself of the interest in the pilots. After the death bf Bhagwati Kunwar, widow of Mahabir Prasad, Smt. Lalita Kumari and Smt. Ramanandi Devi, co -widows of one Gajadhar Prasad, pre -deceased son bf Mahabir Prasad, look possession of the plots in dispute left by Smt. Bhagwati Kunwar allegedly under the deed of gift dated 5 -2 -1946. Smt. Lal Kumari Devi; thereupon, filed a suit in the court of the Sub Judge, Arrah, Bihar for a declaration that the deed bf gift dated 5 -2 -1946 alleged to have been executed by Smt. Bhagwati Devi in favour of Smt. Lalita Kumari and Smt. Ramanandi Devi was a forged document. Smt. Lal Kumari Devi also prayed for possession over the properties in dispute. It may be stated here that a major -portion of the properties belonging to Mahabir Prasad are situate within the territorial jurisdiction of the Sub -Judge, Arrah.
(2.) The suit filed by Smt. Lal Kumari Devi was decreed by the 2nd Additional Sub -Judge, Arrah oh 31 -7 -1954. The decree included property situate in Bihar as well as in district Ballia. The learned Additional Sub -Judge, while passing the decree in favour of Smt. Lal Kumari Devi, further; ordered that Smt. Lalita Kumari and Smt. Ramanandi Devi could be ejected till the Praman Patrias granted under the UP Agricultural Tenants (Acquisition of Privileges) Act, 1949, hereinafter called the Act, were cancelled by a competent court. No appeal was filed against the decree parsed by the Additional Sub -Judge, Arrah. After the decree of the Arrah Court the Petitioners filed an application Under Sec. 12 of the Act and prayed for cancellation of five Bhumidhari Sanads obtained by Smt. Lalita Kumari Devi and Smt. Ramanandi Devi. The learned Tahsildar of Ballia by his order dated 30 -9 -1958 held that the decision of the 2nd Additional Sub -Judge, Arrah was not res judicata between, the parties and succession to the occupancy tenancy of Mahabir Prasad was governed by the provisions of the UP Tenancy Act and dismissed the Petitioner's application.
(3.) Against the decision of the Tahsildar the Petitioners preferred ah appeal which was dismissed by the Additional Commissioner, Varanasi in November 1959.;