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1963 Supreme(All) 225

S. N. KATJU
Sheo Pujan – Appellant
Versus
Gram Sabha – Respondent


Advocates appeared:
R.B. Misra, Advocate, for the Appellants; S. Sadiq Ali, Advocate, For the Respondents

JUDGMENT

S.N. Katju, J. - These are two connected appeals preferred by the plaintiffs arising out of suits for declaration that they are Sirdars in possessions of the plots in suits and for injunction restraining the defendants from interfering with the plaintiffs possession over the plots in dispute. Defendants No. 1 was Mr. W.O. Holdsworth who was the former zamindar and the second defendant is the Gram Sabha Panchrukhi. It was alleged by the plaintiffs that the land had been settled with them since over thirty years by defendant No. 1 and they had been in possession of the plots in suit and had becomes its sirdars and bhumidhars. It was alleged that the defendants had no concern with the plots in suit but the Patwari had not entered the plaintiff's name in the revenue papers and they had applied for the correction of names in the revenue court but it had directed the plaintiff to seek redress in the civil Court and hence the suits in appeal.

2. The suits were contested, inter alia, on the ground that they were barred by Section 80 of the code of Civil Procedure and that the land was Banjar and it had not been settled with the plaintiff and on the coming into force of the Zamindar

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