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1960 Supreme(All) 335

J. K. TANDON
Roshan Khan – Appellant
Versus
Mohan Lal – Respondent


Advocates appeared:
Hyder Husain, For the Appellant / R.N. Shukla, For the Respondent

JUDGMENT

J.K. Tandon, J. - These three appeals arise out of three suits commenced by three different persons against one Roshan Khan and some others as Defendants. Roshan Khan appeared as a Defendant in everyone of the three suits. The relief asked in every one of them was eviction of Roshan Khan along with the other Defendants who were alleged to be concerting with him in retaining possession over certain agricultural plots. The Plaintiffs claimed that they were Sirdars of the plots in question while Roshan Khan was in possession of them as a licensee on promise to pay half the produce in return. Koshan Khan in turn claimed that he himself was the chief tenure holder of the plots. He denied the right of the Plaintiffs to any interest in the land. Alternatively he relied on Section 3 of the UP Land Reforms (Supplementary) Act, 1952, claiming that he was in any case an Adhivasi of those lands. Both the courts below have found that Roshan Khan along with other Defendants has been in possession of the lands in suit. It has further been held that they were in cultivation of the same during the year 1359 Fasli and that they so held that land on promise to deliver to the Plaintiffs half t

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