A.K.MATHUR, MARKANDEY KATJU
Rajindera Singh (Dead) through Lrs. – Appellant
Versus
Prem Mai – Respondent
ORDER
1.This appeal by special leave has been filed by Rajindra Singh, (since deceased) whose legal representatives have been brought on record, against the judgment and order passed by the High Court of Judicature at Allahabad dated 16th September, 1999 in Execution Second Appeal No. 870/1976 whereby the Second Appeal filed by the defendant-appellant has been dismissed.
2.The brief facts giving rise to this appeal are that Smt. Prem Mai and Sudha Mai filed a suit for declaration and possession of the suit land in the Trial Court being Suit No. 487/57. The said suit was decreed against the appellant herein on 21.9.63. Aggrieved against that decree, the appellant-defendant preferred an appeal which was allowed on 16.4.64 and the judgment and decree passed by the Trial Court was reversed by the First Appellant Court. The First Appellant Court was of the view that the defendant-appellant was in cultivatory possession of the land in dispute since before the commencement of the U.P. Zamindari Abolition and Land Reforms Act, 1951, and the suit was barred by time in view of Section 180 U.P. Tenancy Act, and hence the defendant had become a Sirdar.
3.Aggrieved against that, the responden
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