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 fail