Allahabad Court December 1972 Judgments

Jai NaraIn Pandey Vs. Lallan Tiwari and ors.

Court: Allahabad

Reported in: AIR1973All509

T.S. Misra, J.1. This is a defendant's appeal arising out of a suit for declaration of sirdari rights in respect of the plot in dispute. The plaintiff alleged that the defendant, Jai Narain Pandey was a permanent lessee of the plot in dispute who settled the land with the plaintiff and his father. Consequently he was recorded as an occupant in the cultivatory possession in the crucial years of 1356 and 1359-F and became sirdar. He further alleged that right, title and interest of the landholder extinguished on the enforcement of U. P. Act No. XX of 1954. However, as the names of the plaintiffs had been omitted from the record for sometime past, he filed the suit for declaration of his rights. This suit was contested by Jai Narain Pandey on a variety of grounds, inter alia, refuting all the allegations made by the plaintiff and asserting that he was a permanent lessee with transferable rights and had become Bhumidhar on the enforcement of U. P. Act No. I of 19,51 and is in possession of...