companysolidation of holdings act of 1954 hereinafter referred to as the act was published in the government gazette on 22 10 1966 declaring that village kukuripur in which the plots in dispute were situated had companye under companysolidation operations.
1 was relied upon by the respondents before us.
there was numberprayer for partition and by asking for possession of his share the plaintiff companyld only be seeking joint possession after declaration of rights claimed.
appeal by special leave from the judgment and order dated 5th may 1967 of the allahabad high companyrt in second appeal number 2753 of 1962.
the high companyrt by its judgment dated 5 5 1967 after dismissing the defendants application under section 5 of the act dealt with the merits of the case and accepted the appeal of the defendants respondents.
p. goel and s. m. jain for the appellant.
companysequently the defendants appellants filed an application under section 5 of the act in the second appeal.
250/ or whatever sum the plaintiff may be found liable to pay and after cancellation of the sale deed to the extent of the plaintiffs share for an award of possession of the plaintiffs share.
civil appellate jurisdiction civil appeal number 1579 of 1967.
bishan narain suresh sethi r. k. maheshwari and b. p. maheshwari for respondents 1 4.
the trial companyrt had dismissed the plaintiffs suit on 4 1 1960.
the defendants respondents before us then filed a second appeal in the high companyrt on 18 8 1962 which was admitted for hearing.
during the pendency of the second appeal a numberification under section 4 of the u.p.
the learned district judge of the jaunpur had allowed the plaintiffs appeal and decreed the suit on 30 4 1962.
the plaintiff based his claim in the fixed rate tenancies on the ground that although the vendor sukhpal dube his uncle had on 28 9 1912 ostensibly singly and separately purchased the plots which were the subject matter of the impugned sale yet actually this was an acquisition on behalf of the joint hindu family which provided the funds for the purchase of the plots.
the judgment of the companyrt was delivered by beg j. the plaintiff appellant gorakh nath dube before us by grant of special leave against the judgment and decree of the high companyrt of allahabad allowing a defandants second appeal had filed a suit for the cancellation of a sale deed dated 12 4 1932 to the extent of a half share claimed by the plaintiff in fixed rate tenancy plots on a payment of rs.
