Sudhir Agarwal, J.—

1. This is plaintiff's appeal under Section 100 Code of Civil Procedure (for short "CPC").

2. Suit No.87/9 of 1951 under Section 229/209(C) of U. P. Zamindari abolition and land reforms act, 1950 (hereinafter referred to as Act No. 1 of 1951) was instituted by Girlish Chandra and three others, seeking a declaration that the defendant no.1 Shiv Nath has no concern with the property in dispute and his name has wrongly been entered in revenue records which should be corrected by issuing appropriate direction to concerned Tehsildar.

3. Defendants no.2 to 10, though, were impleaded but para 5 of the plaint stated that with respect to dispute in question, they have no concern. Since, in the Government record, their names are mentioned along with plaintiffs, therefore, they have also been impleaded as defendants.

4. The plaint was filed in the Court of Additional Sub Divisional Officer, Saidpur, District Ghaziapur.

5. Shiv Nath Aheer, defendant no.1 contested the suit by filing written statement dated 29.11.1957. In the additional pleas, he claimed that plaintiff is not Bhumidhar of the land in dispute and also not in possession thereof. Theory of partition set up between t

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