K.T.THOMAS, M.M.PUNCHHI, M.SRINIVASAN
Azhar Hasan – Appellant
Versus
District Judge, Saharanpur – Respondent
( 1 ) THE minimal facts giving rise to this appeal are that the plaintiff-appellants were the owners of the disputed land which was in the tenancy of some persons. Those persons, apparently for some consideration, inducted two others and themselves abandoned the land. In the crucial year, those transferees were shown to be in possession of that land in the revenue records on the axis of which the provisions of the U. P. Zamindari Abolition and Land Reforms Act, 1950 became operative, divesting title of the appellants. Those persons sold the land to some strangers on the basis that they had acquired Bhumidari rights. The instant suit was filed by the plaintiff-appellants claiming that the revenue records were wrong and that on the abandonment of tenancy of tenants, possession ought not to have been recorded in favour of those persons and, as a corollary, the sale-deed executed in favour of the last mentioned persons was illegal and based on fraud. The Courts below have taken the view that who should have been recorded in possession of the land in dispute, was a matter for the revenue authorities to determine, and thus the Civil Court had no jurisdiction in the matter. The plaint acc
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