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1952 Supreme(All) 81

BIND BASNI PRASAD, GURTU
DARYAO SINGH – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates Appeared:
H.N.SETH, Harish Chandra Sharma, J.SARUP, Kedarnath

BIND BASNI PRASAD, J.

( 1 ) THIS is an application under Article 226 of the Constitution directed against the Honble Board of Revenue, Uttar Pradesh and one Gandra Gir for a writ of prohibition to restrain opposite party no. 1 from trying revision No. 44 of 1950-51 in a case under Section 27, U. P. Tenancy (Amendment) Act of 1947.

( 2 ) THE relevant facts are as follows: Section 27, U. P. Tenancy (Amendment) Act, 1947 provides for the reinstatement of certain tenants who had been ejected from their holdings under Section 165 or Section 171 or Section 180, U. P. Tenancy Act, 1939. Gendra Gir made an application under this section to the revenue Court. The trial Court dismissed that application. There was an appeal to the Collector under Sub-section (6) of Section 27 but it was infructuous. A petition in revision was filed before the Commissioner, but without any success. Thereupon ha filed a revision purporting to be under Section 275, U. P. Tenancy Act, 1939 before the Honble Board of Revenue. The present applicants took a preliminary objection that the revision was not maintainable inasmuch as Section 27 of the Amending Act was self-contained and the order passed by the Collector















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