S.R.DASS, A.K.SARKAR, K.SUBBA RAO
Bhinka – Appellant
Versus
Charan Singh – Respondent
Judgment
SUBBA RAO, J. : These six appeals by special leave were filed against the judgment of the Board of Revenue dated July 28, 1954.
2. The respondent was a Zamindar of Gadhi, Baghu and Santokpore Villages in Uttar Pradesh. He claimed that the plaint schedule lands were his Sir. The appellants set up a dispute claiming that they were admitted by the respondent as hereditary tenants and that they were in possession of the said lands. As the dispute was likely to cause breach of the peace, the Sub-Divisional Magistrate, Baghpat, took proceedings under S. 145 Code of Criminal Procedure, and attached the disputed lands on October 8, 1948 and directed them to be placed in possession of a superdgidar pending disposal of those proceedings. After making the necessary enquiry, by an order dated March 20, 1950, he found that the appellants were in possession of the said lands and declared that they were entitled to be in possession thereof until evicted therefrom in due course of law.
3. On June 30, 1950, the respondent filed six suits in the Revenue Court (Additional Collector, Meerut) against the appellants under S. 180 of the U. P. Tenancy Act (U. P. 17 of 1939), hereinafter called the A
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