S.N.Singh, J. - (1.)These three petitions arise out of three suits filed by the petitioner against Hukum Singh major, and Gyan minor in one case, Amar Singh in the second case and Adi Ram in the third case. It appears that there were other suits also in which the parties have compromised and those suits are not before this Court.
(2.)The petitioner is the widow of one Major Udai Bir Singh. It appears that Major Udai Bir Singh was in Military service and during the continuance of his Military service he let out different plots to different defendants. Major Udai Bir Singh retired from service in 1950 and died in the year 1954. Thereafter on June 12, 1950 these suits were instituted for the ejectment of the defendants treating them as asamis.
(3.)The three suits were contested on the allegation that Major Udai Bir Singh was not tenure holder and, therefore, the plaintiff petitioner could not get any right on the death of Major Udai Bir Singh. It was further alleged that the lease in favour of Major Udai Bir Singh was a fictitious lease executed only to prevent accrual of hereditary right in favour of the defendants. The defendants claimed to have become sirdar's or in any case adhivasi of the plots in suit by virtue of their cultivator possession in 1359F. Limitation was also pleaded as a bar to the suit.