HIRA LAL Vs. GAJJAN

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28-9-1981 of the High court of Allahabad in Second Appeal No. 1874 of 1970.

(2.) The plaintiff-respondent filed the suit alleging inter alia that before enforcement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, hereinafter referred to as "Zamindari Abolition Act", defendants Nos. 3 to 25 were the tenants-in-chief of the plots in suit and his father Munni Lal was their subtenant, that Munni Lal died in 1951 leaving behind four sons including the plaintiff respondent; that remaining three brothers of the plaintiff had separated and. consequently the plaintiff became sole-tenant; that Munni Lal was recorded occupant in Khasra 1356 Fasli and in cultivatory possession in Khasra '1359 Fasli and consequentially he acquired adhivasi rights and then sirdari rights, the rights of defendants 3 to 25 extinguished under Section 240-A of the Zamindari Abolition Act; that in 1968, however, defendants Nos. 1 and 2 obtained fictitious sale deed from defendants Nos. 3 to 25 in respect of the plots in suit. They had started interfering with the plaintiff's possession and, hence, the plaintiff respondent filed the suit for permanent injunction.

(3.) Defendants Nos. 1 to 3, 5, to 7, 13 and 14 contested the suit. They denied the plaintiff's claim and disputed that the plaintiffs father, Munni Lal, was the sub-tenant or that he acquired adhivasi rights or sirdari rights. It was further pleaded that the plaintiff or his father was never in possession of the plots in suit. The suit for permanent injunction was dismissed.