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1972 Supreme(All) 12

SATISHCHANDRA, K.N.SETH
Kesho Ram – Appellant
Versus
Board of Revenue U. P. , Allahabad – Respondent


Advocates:
K.C. Saksena and Chand Kishore, for Appellant; N.S. Singhal, B.S. Nischal, R.S. Misra, P.S. Misra and Standing Counsel, for Respondents.

Judgement

SATTSH CHANDRA, J. :- This special appeal is directed against an order dismissing a writ petition filed by the appellant. It arises out of proceedings under Chapter IX-A, U.P. Zamindari Abolition and Land Reforms Act, holding that the respondents had become adhivasis. The connected writ petition is directed against an order of the Board of Revenue staying the hearing of two second appeals.

2. Smt. Bhagwati, the predecessor of Kesho Ram appellant, held the land in dispute as her sir. She let it out to the respondents on 14-2-1944 for five years on an annual rent of Rs.264/- Soon after the expiry of the period of lease, she instituted a suit for ejectment of the respondents under Section 175/179, U.P. Tenancy Act. The erstwhile tenants contested the suit. They pleaded that they had paid Rs.2,000/- to the plaintiff as a loan on the understanding that the loan would be set off against the rent of the land; and so they were entitled to remain in possession till the loan was discharged. They also pleaded that they had become hereditary tenants because the plaintiff paid more than Rs.25/- per year as abwab. The trial Court held that the plaintiff paid less than Rs.25/-per year as














































































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