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1992 DIGILAW 1160 (ALL)

Devi Singh v. Ram Swaroop

1992-08-31

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This revision has been filed against the decree and judgment of the 1st Appellate Court dated 15.9.1983 passed against the decree and judgment of the Assistant Collector 1st Class, Atrauli, District Aligarh dated 3.3.1982. 2. The respondent filed a suit under Section 229-B of the U.P. Act No. 1 of 1951 on the ground that he has the land from Devi singh and has now become bhumidhar of the suit plot. The suit was contested by Devi Singh on the ground that he was not executed any sale deed. He has not deposited 10 times to acquire bhumidhari right of the suit land, hence suit should be dismissed. The trial court decreed the suit on 3.3.1982 against which first appeal was filed. The learned Additional Commissioner has also dismissed the appeal vide his decree and judgment dated 15.9.1983, against which this revision has been filed. 3. Heard the learned counsel for both parties. Perused the record. 4. The learned counsel for the revisionist argued that when the land was transferred to the respondent it was recorded sirdari. The summon was not issued, therefore, the land transferred has not passed to the respondent. 5. Learned counsel for the revisionist argued that when the sale deed was executed before that 20 times land revenue was deposited to obtain bhumidahri right. That money has not been withdrawn till now. Now by amendment of the Act the revisionist has acquired bhumidhar right from the date of the deposit of the money, therefore, there is no force in the contention of the learned counsel for revisionist, hence this revision should be dismissed. 6. No any other point has been pressed. Every sirdari has been given the right of bumidhar. The Sirdari who has deposited the money will acquire bhumidhari right from the date when he deposited the money unless it is withdrawn. In these circumstances of the case the transferee was a bhumidhar when the land was transferred, hence there is no force in this revision and the revision is accordingly dismissed.