GRAM SABHA, BESAHANI versus RAM RAJ SINGH & ORS

GRAM SABHA, BESAHANI versus RAM RAJ SINGH & ORS

An ejectment order under s. 212A(6) without ordering compensation is not valid; in such case, dispossession is unlawful and suit under s. 209 within six years is maintainable and not time-barred.

Parties
Appellant: Gram Sabha, Besahani; Respondents: Ram Raj Singh & Ors
Jurisdiction
India
Judgment Date
31 January 1968
Procedural Posture
Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 4482 of 1961
Outcome
Appeal allowed; decree of High Court set aside; suit dismissed regarding one plot and remanded for others.
Legal Topics
U.p. Zamindari Abolition and Land Reforms Act, Ejectment Proceedings, Limitation for Suits, Bhumidari and Sirdari Rights
Land Law U.p. Zamindari Abolition and Land Reforms Act Ejectment Proceedings Limitation for Suits Bhumidari and Sirdari Rights

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Parties

Gram Sabha, Besahani

Appellant

Ram Raj Singh & Ors

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Allahabad High Court Judgment in Second Appeal No. 4482 of 1961

Legal Issues

  1. 1 Whether the order of ejectment under s. 212A(6) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 without award of compensation is valid
  2. 2 Whether the suit under s. 209 is time-barred when ejectment is not under a valid order under s. 212A(6)
  3. 3 Whether the respondents had acquired Bhumidari and Sirdari rights in the suit plots

Ratio Decidendi

An ejectment order under s. 212A(6) without ordering compensation is not valid; in such case, dispossession is unlawful and suit under s. 209 within six years is maintainable and not time-barred.

Court Disposition

Appeal allowed; decree of High Court set aside; suit dismissed regarding one plot and remanded for others.

Orders

  • Suit of plaintiffs/respondents dismissed with respect to plot No. 330/3.
  • Suit regarding the remaining four plots remanded to trial court for fresh decision on Bhumidari rights and undecided issues.