S. K. Lakhtakia, J. - (1.) This is a second appeal under Section 331 of U.P. Act No. 1 of 1951 against the judgement and decree of the Additional Commissioner, Meerut Division, Meerut dated 19-1-1989 dismissing the appeal of the appellant filed against the Judgement and decree of the trial court dated 31-10-1974 through which the suit under Section 202/209 of U.P. Act No. 1 of 1951 was decreed by trial court.
(2.) Briefly stated the facts of this case are that the Gaon Sabha brought a suit for the ejectment of the defendant appellants Mehar Chandra and Khem Chandra with the allegation that the defendants had been granted a patta for asami rights on 23.4.1971 for a period of one year about the land in dispute and in spite of the fact that the patta had expired on 24. 4. 1972, the defendants continued to remain in possession hence their possession was unlawful and they were liable to ejectment.
(3.) The defence was that on term had been mentioned in the patta of asami rights, hence the suit was incompetent and that the defendants were valid asamis and had been paying rent continuously to the Gaon Sabha and were not liable to ejectment.;