BHAGWAT DAYAL AND ORS. Vs. B.B. SAHI AND OTHERS

JUDGEMENT

(1.) THIS is an application of the Defendant Appellants praying that the appeal along with the suit be ordered to have abated.

(2.) THE suit was contested by the Appellants and was dismissed by the trial court on 24 -10 -1958. On appeal the learned Civil Judge Meerut decreed the suit for ejectment of the Appellants and for damages for use and occupation at the rate of Rs. 12.50 per annum from 1 -7 -1956 onwards till the date of actual possession. The first appellate court dismissed the rest of the claim.

(3.) THE Appellants have filed this application for abatement of both the suit and the appeal on the ground that under UP Urban Areas ZA and LR Act 1956, which came into force with effect from 12 -3 -1957, alleging that the land in dispute had been demarcated as an agricultural area and shown as grove in U.A. from No. 3 prepared under the provisions of the Act and that a notification dated 16 -6 -1964 had been published in the UP Gazette Under Section 8 of the Act vesting the area in the State of UP. The Appellants alleged that after the publication of the aforesaid notification all interest and title of the Plaintiff vested in the State of UP and the Trust ceased to have been the power of the land in suit and the Appellants became Bhumidhars Under Section 17 of the Act. They further alleged that they had deposited ten times of the annual rent in the sub treasury Meerut on 10 -5 -1965 for the issue of the Bhumidhari Sanad and acquired the rights of a Bhumidhar. According to them because of the Act and the rules framed thereunder the suit and the appeal both abated.