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1982 Supreme(All) 380

M.P.MEHROTRA
Mohan Lal – Appellant
Versus
Banwari Lal – Respondent


Advocates Appeared:
Sudhir Narain Agarwal

JUDGMENT

M. P. Mehrotra, J.

1. THIS revision under Sec. 25 of the Provincial Small Causes Court Act is directed against the trial court's judgment dated 4-3-1982, decreeing the plaintiff's suit for ejectment of the defendant from the accommodation in dispute. Feeling aggrieved, the tenant has come up in the instant revision and in support thereof, I have heard Sri S. N. Agrawal, learned counsel for the applicant in revision.

2. LEARNED counsel raised several contentions before me. Firstly, it was contended that the court below was wrong in holding that the Civil Court had jurisdiction to try the suit. According to the learned counsel issue no. 6, which was as follows, was wrongly decided by the trial court. "Whether the house in dispute was constructed over Bhumidhari land ? If so, have the rights or the plaintiff in the disputed house, if any been extinguished under the provisions of KUZA Act ?"

Learned counsel contended that the house in question stood on such land as had become the Sirdari of his client when Kumaun and Uttrakhand Zamindari Abolition and Land Reforms Act, 1960 came into force. In the judgment of the trial court it is stated that the said Act was enforced in the are









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