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1955 Supreme(All) 188

MOOTHAM, AGARWALA
DEBI PRASAD – Appellant
Versus
KHELAWAN – Respondent


Advocates Appeared:
G.P.BHARGAWA, RAMA SHANKAR PRASAD, S.S.SRIVASTAVA

AGARWALA, J.

( 1 ) THIS is a special appeal against an order of a learned Single Judge of this Court dismissing a writ petition. The respondents along with several other persons made an application to the sub-Divisional Officer, Dumariaganj, on 6-3-1953, praying that an enquiry be held as to their possession over certain land lying in village Tandauthi. It was not stated in the application under what provisions of law it was being made, but it is conceded that this was an application under the U. P. Land Reforms (Supplementary) Act (Act 31 of 1952 ). Although the year was not mentioned in the application it was probably intended that the enquiry was to be made about the possession of the applicants in the year 1359 Pasli. Such an enquiry is envisaged in Section 4 of the aforesaid Act upon an application made within six months from the commencement of the Act. The Act came into force on 7-11-1952 and the application having been made on 6-3-1953 was within time.

( 2 ) UPON this application the Sub-Divisional Magistrate ordered the Tahsildar to make an enquiry and to submit his report. The Tahsildar made an enquiry through the Girdawar Qanungo who appears to have gone on the spot and








































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