A. P. MISRA, G. B. PATTANAIK, M. M. PUNCHHI
Chheda Singh – Appellant
Versus
Town Area Committee, Akbarpur – Respondent
(1) THE defendant-appellant has challenged the concurrent finding recorded by all the courts below. The trial court decreed the suit of the respondents for recovery of possession which was confirmed by the first appellate court and also by the High court in the second appeal. The only point raised by the learned counsel for the appellant is that once question of the validity of bhumidhari sanad being raised by the respondent in an earlier proceeding and that having become final, the question raised now that the appellant is not the Bhumidhar of the disputed land cannot be raised and for this the civil court would have no jurisdiction.
(2) HAVING heard learned counsel for the parties and after giving our consideration, we do not find any merit in the submission. The jurisdiction of the civil court is only ousted by virtue of Section 331 of the U.P. Zamindari Abolition and Land Reforms Act, 1950. Under it, the jurisdiction of the civil court is only excluded in case it falls under Column 4 or under Column 3 of Schedule II. So far as proceeding for cancellation of the bhumidhari is concerned, it is a matter covered under Section 137-A of the said Act, which is not refer
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