ORDER

S.K. Dhaon, J. - This is a plaintiffs writ petition arising out of a suit for declaration under S. 229-B of the U.P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act). The subject matter of the controversy is certain grove land of which the petitioner claims to be a co-Bhumidhar along with respondent 4, Ramu. The plaintiffs case is that the land in suit is a joint family property and after the date of vesting the family became the Bhumidhar of the same and, therefore, he and the defendant Ramu (respondent 4) are co-sharers. Amongst other pleas, the defendant in his written statement pleaded that the suit was barred by limitation. The defendant also pleaded that the plaintiff has surrendered his rights in the land a long time back and since the said surrender he was in continuous possession over the land to the exclusion of the plaintiff.

2. The trial court negatived the plea of surrender raised by the defendant. It, however, relying upon the oral and some other evidence plus the deposition made by the plaintiff in the suit, recorded a finding that the defendant acquired rights by prescription and, therefore, the suit was barred by limitation. The fi