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SAURABH SHYAM SHAMSHERY
Dindyal – Appellant
Versus
Board of Revenue – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. In present case, original respondent 3 has filed 5 suits bearing Suit Nos. 18, 19, 20, 21 and 22 of 1954 under Section 175 of U.P. Tenancy Act, 1939. Suits were directed against different defendants and in regard to different plots. According to plaintiffs, they were sir-holders of plots whereas defendants were their sub-tenants and they were liable for ejectment.
2. Later on, on 29.9.1956, plaintiffs applied for amendment of pleadings, which was allowed that they were occupancy tenants of land in dispute since it was given to their ancestors as a grant. The defendants of all suits contested that they are not sub-tenants of plaintiffs and have acquired hereditary rights and suits are barred by limitation. They have challenged the plaintiff's title also. In the suit, following 6 issues were framed:
2. Whether plaintiff occupancy tenants of the land in suit?
3. Whether the suit is within time?
4. Whether the land in suit is demarcable?
5. Whether Itwari is a necessary party?
6. Should these suits be stayed under Provisions of Section 10 of U.
The Government Grants Act supersedes the U.P. Tenancy Act, confirming plaintiffs' occupancy rights and allowing for ejectment of defendants as sub-tenants.
A sub-tenant's immunity from ejectment under the U. P. Tenancy Act is upheld, citing protective provisions from another act, ensuring legal rights are honored.
Planting trees by a sub-tenant does not extinguish their tenancy status or elevate it to that of a grove holder under the Zamindari Abolition Act.
In disputes over land title, interim injunctions are not maintainable if the title is highly disputed, necessitating resolution through comprehensive suits for declaration of title.
The existence of a landlord-tenant relationship can be disputed in civil courts, even with Section 25's jurisdiction exclusion, allowing tenants to contest eviction orders when legitimacy is asserted....
The court upheld the eviction decree based on default in rent and unlawful subletting, emphasizing the necessity of compliance with rent control provisions.
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