TMI Blog1973 (7) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... . After the death of Markandey. who died without issue, the plots were recorded in the name of his widow Jagdamba. Jagdamba died in 1948. The plaintiffs as the next reversioners claimed title, to the property. They alleged that the respondent was interfering with their possession and hence they prayed for a permanent injunction. In the alternative, they also asked for the relief of possession. The suitwas filed on 5- 9-1955. Several pleas were taken on behalf of the defendant one of them being a plea of limitation. The courts were unanimously of the opinion that the plaintiffs, being the next heirs, had sufficient title to the property while the defendant had none whatsoever. The learned Munsif in whose court the suit was filed however, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eriod of limitation would be 12 years and the suit would be obviously in time. But the High Court was of the view that the period of limitation was not the one which was prescribed in the Limitation Act but the one which was laid down in the Appendix to The Uttar Pradesh Zamindari Abolition and Land Reforms Rules, 1952 which was two years from 1-7-1952 which was the date of vesting under the U.P. Zamindari Abolition and Land Reforms Act (Act No. 1 of 1951). The High Court further held that the fact that the plaintiff no. 1 was a minor at the time of filing of the suit did not help him because section 6 of the Indian Limitation Act, 1908 did not govern suits falling under U.P. Act No. 1 of 1951. Accordingly, the suit was dismissed. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he jurisdiction of the ordinary civil Courts is absolutely barred. Section 209 so far as we are concerned reads as follows 209 Ejectment of persons occupying land without title (1) A person taking or retaining possession of land otherwise than in accordance with the provisions of the law for the time being in force, and- (a) where the land forms part of the holding of a bhumidhar, sirdar or asami, without the consent of such bhumidhar, sirdar or asami, and (b).............................. shall be liable to ejectment on the suit in cases referred to in clause (a) above, of the bhumidhar, sirdar or asami concerned, and shall also be liable to pay damages. (2) To every suit relating to a land referred to in clause (a) of sub- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as the one laid down by the rules under U.P. Act No. 1 of 1951. Since the Civil Court which entertained the suit suffered from an inherent lack of jurisdiction, the present appeal filed by the plaintiffs will have to be dismissed. As regards costs, we do not think that this is a fit case in which. the defendant should get his costs in any of the courts. Though he had no title to the property, he was trying to set up a title. But his attempt was negatived by all the courts. He did not urge also the contention with regard to the Jurisdiction of the court at any stage except in this Court. Therefore, while dismissing the appeal, we further direct that the plaintiffs and the defendant Shall bear their, own costs throughout. Appeal dismissed, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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