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P. N BAKSHI, SATISH CHANDRA
Gram Samaj Village Madapur – Appellant
Versus
Hari Ram – Respondent
JUDGMENT
Satish Chandra, J. - One Challoo was Bhumidhar of the plots in dispute. He died heirless. The plots vested in the Gram Sabha. The Gram Sabha appears to have let out these plots to the Respondents on Batai rent. Subsequently the Respondents were asked to pay rent in cash. Later on Gram Sabha filed suits for the ejectment of the Respondents u/s 209 of the Zamindari Abolition Act on the allegations that the Respondents were in occupation as licensees and the Gram Sabha has revoked their licenses.
2. The trial court held that the Gram Sabha had not followed at all the procedure prescribed u/s 198 of Zamindari Abolition Act read with Rules 173 and 174, the Defendants could not hence be held to be lessees in possession. Since they are in occupation of the land with the permission of the Gaon Sabha, they were simply licensees. With the revocation of the licences, the suit was maintainable. The suit was accordingly decreed.
3. On appeal, the Additional Commissioner held that the status of the Respondents was not that of licensees but of lessees. On this view, the suit was dismissed. The matter was taken up to the Board of Revenue. The Board of Revenue held that the Gaon Sabha had not
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