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1964 Supreme(All) 177

GANGESHWAR PRASAD
Rasool Ahmadi – Appellant
Versus
Beni Prasad – Respondent


Advocates:
R. B. Misra and Bashir Ahmad, for Appellant; Lal Ji Sinha, for Respondents.

Judgement

JUDGMENT : The two suits which have given rise to these appeals are the third in the series of actions raided by the plaintiff in respect of the same land and against the same persons or their representatives in interest.

2. In 1954 Rasool Ahmad plaintiff filed a group of eight suits (hereinafter described as the 1954 suits) under S. 59/183 of the U.P. Tenancy Act of 1939 in the revenue court with the allegation that he was a tenant of the land in suit but defendants Nos. 1 and 2 had got leases in respect of it executed by the remaining defendants who were the Zamindars and were interfering with the possession of the plaintiff on the strength of the said leases which were invalid and of no legal effect. The plaintiff sought a declaration that he was a hereditary tenant of the land in suit and also prayed for restoration of possession in case he was found to be out of possession. The defence was that the plaintiff was not a tenant of the land in suit and was not in possession thereof. By his judgment dated 13th May 1955 the Assistant Collector dismissed the suits with the findings that the plaintiff was neither a hereditary tenant of the land in suit nor in possession and he

















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