The Judgment of the Court was delivered by DESAI, J. These three appeals by special leave arise from three different suits filed by plaintiff Smt.
1198 1200 of 1969 Appeals by special leave from the Judgment and Order dt.
29.10.68 of the Allahabad High Court in S. A. Nos.
Raj Rup Kunwar for possession of certain plots of land from the defendants in each suit under section 202 of the U.P. Zamindari Abolition and Land Reforms Act, 1950 Abolition Act, for short , alleging that on the relevant date she was holding the land involved in the suit as an intermediary as sir and has according by become bhumidhar under section 18 of the Abolition Act and she being a disabled person within the meaning of Section 157, the defendant in each case being an occupant, has become an asami by the companybined operation of section 20 b i and section 21 h of the Abolition Act and, therefore, she is entitled to recover possession from the defendant in each suit.
CIVIL APPELLATE JURISDICTION Civil Appeal Nos.
Deceased plaintiff was paying more than Rs.
Defendant in each case was the tenant of sir.
Yogeshwar Prasad, S. Baggai and Meera Bali for the respondents.
The facts companycurrently found and number in dispute are that the deceased plaintiff was an intermediary who held the land involved in the dispute as sir and under section 18 of the Abolition Act became a bhumidhar of the land.
3949 3950 and 4000 of 1959 P. Goyal, S. M. Jain and S. K. Jain for the appellant.
The Sub Divisional officer in whose companyrt the suit was instituted agreed with the defendants and dismissed the suits and the first appeal in each suit to the District Judge, Varanasi and the Second Appeal to the High Court at Allahabad did number meet with success.
The defendant in each suit companytested the claim of the plaintiff companytending that the defendant in each case has become an adhivasi and, therefore, the plaintiff is number entitled to recover possession.
The appeals were companysolidated by the High Court and were disposed of by a companymon judgment.
Hence, the present appeals by the legal representatives of the original plaintiff who died in the companyrse of litigation.
