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1990 Supreme(SC) 5

K.N.SAIKIA, M.FATHIMA BEEVI
Hira Lal – Appellant
Versus
Gajjan – Respondent


Judgment

FATHIMA BEEVI, J.:- This appeal is directed against the judgment dated 28-9-1981 of the High court of Allahabad in Second Appeal No. 1874 of 1970: (reported in AIR 1982 NOC 32).

2. The plaintiff-respondent filed the suit alleging inter alia that before enforcement of the U.P. Zamindari Abolition and Land Reforms Act, 1950, hereinafter referred to as "Zamindari Abolition Act", defendants Nos. 3 to 25 were the tenants-in-chief of the plots in suit and his father Munni Lal was their subtenant, that Munni Lal died in 1951 leaving behind four sons including the plaintiff respondent; that remaining three brothers of the plaintiff had separated and. consequently the plaintiff became sole-tenant; that Munni Lal was recorded occupant in Khasra 1356 Fasli and in cultivatory possession in Khasra 1359 Fasli and consequentially he acquired adhivasi rights and then sirdari rights, the rights of defendants 3 to 25 extinguished under Section 240-A of the Zamindari Abolition Act; that in 1968, however, defendants Nos. 1 and 2 obtained fictitious sale deed from defendants Nos. 3 to 25 in respect of the plots in suit. They had started interfering with the plaintiffs possession and, hence, the
















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