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1991 Supreme(SC) 270

P.B.SAWANT, K.N.SINGH
Daya Chand – Appellant
Versus
Om Dutta Sharma – Respondent


JUDGMENT

This appeal is directed against the judgment and order of a learned single Judge of the High Court of Allahabad dated January 25, 1985 setting aside the judgment and order of the Board of Revenue in dismissing the respondents suit filed under S. 229(B) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and upholding the order of the trial Court decreeing the suit.

2. The respondents filed a suit under S. 229-B of the U. P. Zamindari Abolition and Land Reforms Act, 1950 for declaration of Bhumidhari and Sirdari Rights in respect of the land in dispute which according to them had been gifted to them by Smt. Phoolu in 1963. The appellants who were defendants contested the suit, contending that the gift deed was invalid, and the defendants were entitled to the land as they were legal heirs of Smt. Phoolu. The defendants further contended that the Suit was barred by S. 49 of the U. P. Consolidation of Holdings Act as the dispute between parties relating to the land had already been adjudicated by consolidation authorities and in those proceedings gift deed had been found to be invalid. The respondents claim had been rejected by all the consolidation authorities and their





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