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1970 Supreme(Online)(All) 16

ALLAHABAD HIGH COURT
Jagdish Sahai, S. N. Katju, Gangeshwar Prasad, JJ
Naresh – Appellant
Versus
Ram Khilawan, Ram Dular, Daya Ram – Respondent


Advocates:
For the Appellants/Petitioners: Ram Manohar Sahai
For the Respondents: Sukha Ram Singh

1. The dispute between the parties in this case relates to plots Nos. 5317/1 and 5317/2 area 28 acres each, situate in village Machhli Sahar, Pergana Ghesuwa, district Jaunpur. These two plots originally constituted plot No. 5317 measuring 56 acres. Syed Abdullah was the fixed rate tenant of this plot. On 24-8-1949 he sold his half share in the aforesaid plots to Ram Khilawan, Ram Dular and Daya Ram, respondents Nos. 1 to 3. Thereafter proceedings under S.145, Criminal P. C. were started. Those proceedings terminated in favour of Ram Khilawan, Ram Dular and Daya Ram. Thereafter, on 12th May, 1951 Naresh, father of the appellants Raghu - nath, Kedar Nath, Jai Nath and Hari Lal filed a suit against Ram Khilawan, Ram Dular, Daya Ram and Kaleem who was the landlord of the plots in dispute (he succeeded Syed Abdullah on the latter's death) under S.183 of the U. P. Tenancy Act, 1939 (hereinafter referred to as the Act) on the allegation, inter alia, that the plots in dispute were sub-let to him (Naresh) by Syed Abdullah, but the respondents Ram Khilawan, Ram Dular and Daya Ram, who had purchased half share of the plot from Syed Abdullah, were interfering with his (Naresh's) possession.












































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