The Assistant Collector held that the revenue records did number how that Pritam Singh was in possession at any time in or before the end of 1359 Fasli and that the entries in the khasra relied upon by Pritam Singh had been fabricated to support his case.
Consistently with the finding of the Assistant Collector, the Munsif passed judgment in favour of the plaintiffs.
The U.P. Zamindari Abolition and Land Reforms Act 1 of 1951 was brought into force from July 1, 1952.
The High Court reversed the decree passed by the First Appellate Court and restored the decree of the Munsif.
Appeal by special leave from the judgment and decree dated November 6, 1962 of the Allahabad High Court in Second Appeal No.
1 Pritam Singh has acquired adhivasi rights, if so, its effect?
Tota Ram and Lajja Ram were declared to be bhumidhars in respect of that land and a Sanad was issued in their favour under s. 7 of the U.P. Act 10 of 1949.
But the entries on which reliance was placed by Pritam Singh do number support his case that he was recorded as an occupant in the khasra or khatauni of 1356 Fasli.
On October 20, 1951, Tota Ram and Lajja Ram sold their interest in the land to two brothers Sri Ram and Ram Prasad who will hereinafter be called the plaintiffs.
In the certified extract of the khasra for 1356 Fasli Ext.
The Munsif referred the following issue arising out of the pleadings to the Assistant Collector, Agra, for decision Whether the defendant No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Sinha, E. C. Agarwala and P. C. Agarwala, for the respondents.
723/2, 724, 725 and 726 of Naugawan, tahsil Fatehabad, District Agra, originally belonged, to two brothers Tota Ram and Lajja Ram.
C. Misra and S. S. Shukla, for the appellants.
The plaintiffs then carried the dispute to the High Court of Allahabad.
The Sub Divisional Magistrate attached the land and called upon the parties to agitate the dispute as to their respective rights therein in a civil suit.
Disputes arose thereafter about the possession of the land between one Pritam Singh and the plaintiffs, and proceedings under s. 145 of the Code of Criminal Procedure were started before the Sub Divisional Magistrate at the instance of Pritam Singh.
Pritam Singh relied merely.
3745 of 1958.
Pritam Singh resisted the suit companytending, inter alia, that the land was abandoned by Tota Ram and Lajja Ram and that since it was under his cultivation companytinuously since Fasli year 1356 the year companymencing from July 1, 1948 and ending on June 30, 1949 he had acquired the rights of an adhivasi in the land and he was number liable to be evicted from the same.
The Judgment of the Court was delivered by Shah, J. A piece of agricultural land bearing Survey Nos.
The plaintiffs then companymenced an action in the Court of the Munsif, Fatehabad, against Pritam Singh and Tota Ram for a declaration of their rights as bhumidhars in possession of the land in suit and for an order expunging the name of Pritam Singh from the revenue records.
But in appeal to the District Court, Agra, that judgment was reversed.
34 of 1965.
