V.BALAKRISHNA ERADI, D.A.DESAI
Zafar Khan – Appellant
Versus
Board Of Revenue, U. P. – Respondent
Judgment
DESAI, J. :- Appellants claiming to be the Khudkasht holders of the Zamindars of the plots of land involved in dispute filed a suit for possession under Sec. 180 of the U. P. Tenancy Act, 1939 (Tenancy Act for short) against respondents Nos. 4 and 5 (respondents for short) who were and are in actual and physical possession and cultivating the land. This suit ended in a decree in favour of the appellants on September 30, 1948 and in execution of the decree, the appellants assert that they obtained actual and physical possession from the respondents on December 2, 1948. On the advent of the U. P. Zamindari Abolition and Land Reforms Act, 1950 (1950 Act for short) the appellants claimed to have acquired the status of Bhumidars in respect of the plots of land in dispute. The resondents moved an application under Section 232 of the 1950 Act against the appellants alleging that as they were in actual and physical possession during the year 1356 Fasli and were subsequently dispossessed, in view of the provision contained in Sec. 20 of the 1950 Act, they have acquired the status of adhivasis and, therefore, they are entitled to regain possession. This application was made to the As
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