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1968 Supreme(All) 372

GANGESHAWAR PRASAD, JAGDISH SAHAI
Lalta – Appellant
Versus
Ambika – Respondent


Advocates appeared:
A.P. Pandey, Advocate, for the Appellants; O.N. Mehrotra, Advocate, For the Respondent

JUDGMENT

Gangeshawar Prasad, J. - These connected Second Appeals came up before us upon a reference made by a learned single Judge of this Court. They arise out of a suit instituted in the Civil Court by Lalta and Gomti plaintiffs against Ambika defendant for possession over three plots of agricultural land and for recovery of Rs. 100/- as damages, The suit was described by the plaintiffs as one under Section 209 of the U.I Zamindari Abolition and Land Reform Act (hereinafter called the Act) . Th Additional Munsif of Basti who tried the suit granted to the plaintiffs a decree of possession only in respect of plot No. 9 and for a sum of Rs. 33/- as damages. Wit respect to the other two plots and the claim for damages the suit of the plaintiffs was dismissed. Against the decree of the Additional Munsif both the partition preferred appeals before the Civil Judg of Basti but their appeals were dismisses Both of them then filed appeals in the court, the appeal of the plaintiffs being Second Appeal No. 1920 of 1959 and that o the defendant being Second Appeal No. 3062 of 1959.

2. The relevant facts are brief and are ne longer in dispute. Basdeo, father of the plaintiffs, had unusufructuar

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