JUDGMENT :- This appeal arises out of a suit for declaration of bhumidhari rights instituted by one Smt. Sahebzadi. The facts giving rise to the present appeal are that Smt. Sahebzadi. plaintiff, filed the suit in respect of a number of plots of village Basanipur Tappa Kataura Pargana Silhat, detailed at the foot of the plaint. Her case was that the plots in suit were previously the sir and khudkasht holding of Ram Dhani, her husband, and after his death she became the sir and khudkasht holder and subsequent to the enforcement of the U. P. Zamindari Abolition and Land Reforms Act she became the bhumidhar thereof.

It was asserted that the defendant in collusion with the lekhpal fictitiously got his name entered in the revenue records although he never cultivated any of the plots which all along remained in the cultivatory possession of the plaintiff. During the pendency of this suit Smt. Sahebzadi died on 4th August 1961 and the present appellant was substituted in her place. The present appellant claimed to be the adopted son of Smt. Sahebzadi.

2. The suit of Smt. Sahebzadi was contested by the defendant who alleged that Ram Dhani, the husband of Smt. Sahebzadi who was the first cous

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