Hon’ble Sudhir Agarwal, J.—Heard Sri Lokendra Kumar, learned Standing Counsel for appellant and Sri B.P. Singh, learned Senior Advocate, appearing for respondent.

2. This is defendant’s appeal under Section 96 of Code of Civil Procedure arising from the judgment and decree dated 8.11.1976 passed by Sri J.B. Singh, Civil Judge, Mirzapur in Original Suit No. 36 of 1973.

3. The plaintiff-respondent, Daiya Charitable Society (hereinafter referred to as the “Society”) through its Secretary, Rani Brij Raj Kunwar instituted the aforesaid suit vide plaint dated 21.5.1973 in the Court of Civil Judge, Mirzapur alleging that the Society is a tenure-holder Bhumidhar of the land, detailed at the foot of the plaint, and, there are a number of trees standing thereon, owned and possessed by the Society. On 1.6.1972 after inspection of record, plaintiff came to know that Lekhpal concerned has not made entries of trees in Column 21 of Khasras, hence a notice dated 29.12.1972 under Section 80 C.P.C. was served upon defendant-State of U.P. through Collector, Mirzapur to undo the wrong failing which a suit for declaration will be filed.

4. It is said that the cause of action for filing suit arose on 1.6.1972 when plaintiff acquired knowledge of wrong entry in Khasra and suit was valued at Rs. 30,68,600/- being the value of trees for the purpose of jurisdiction. The details of land constituting part of Villages Katra and Babura Raghunath Singh, Pergana Kantit, District Mirzapur, covering a large number of area, has been given at the bottom of the plaint.

5. Defendant contested the suit by filing written statement dated 31.1.1974. Besides a general denial of various paragraphs of the plaint, which are total in five, defendant in additional pleas asserted that Society is not a cultivator Bhumidhar of the land in question. It is neither owner nor in possession of any tree on the land in dispute. The land vested in defendant under U.P. Zamindari Abolition and Land Reforms Act, 1950 (U.P. Act No. 1 of 1951) (hereinafter referred to as “Act, 1950”) and the State Government is owner thereof. In Village Babura Raghunath Singh 3826 acres forest land and in Village Katra 2817 acres forest land situate, which included suit land vested in State Government vide Notification No. 617/14 dated 11.10.1952. In respect of the aforesaid land a further Notification under Section 4 of Indian Forest Act, 1927 (hereinafter referred to as “Act, 1927”) was issued on 21.10.1955 proposing to declare the said land as “Reserve Forest Land”. The plaintiff filed objection under Section 6 of Act, 1927 before Prescribed Authority and the matter is being contested by defendant. The Forest Settlement Officer, with respect to land in Village Babura Raghunath Singh, subject-matter of Case No. 1242 and in respect of Village Katra, subject-matter of Case No. 01243, accepted plaintiff’s case vide order dated 22.3.1961 and directed to exclude disputed land from the proposed Reserve Forest Land. Thereagainst Forest Department filed Appeals No. 121 and 122 under Section 17 of Act, 1927 before Commissioner, Varanasi but the appellate authority dismissed both the appeals vide order dated 28.10.1961. Thereafter Forest Department preferred Revisions before State Government under Section 18 of Act, 1927 which were pending when the written statement was filed. Plaintiff is neither owner of trees standing on disputed land nor in possession thereof. Khasras of 1359, 1365 and 1373 Fasali relating to Village Babura Rathunath Singh and Village Katra show that most part of disputed land is shown to have bushes and some part of land was under cultivation. On some Gatas, Bunjar, Nala, Beehar, Kadeem were entered and in respect of only a few Gatas, entry of trees has been mentioned. In 1372 and 1373 Fasali, there is no reference of any tree. Earlier Lekhpal Sri Jwala Prasad of Village Babura Ra