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2007 Supreme(All) 386

ANJANI KUMAR
KAYAM SINGH – Appellant
Versus
BOARD OF REVENUE, U. P. ALLAHABAD – Respondent


Advocates appeared:
N.K. Chaturvedi, Prakash Chandra and Ajay Kumar Srivastava for the Petitioners; Aklank Jain, S.C. for the Respondents.

JUDGMENT

Hon’ble Anjani Kumar, J.—The petitioners who are defendants in the suit, filed this writ petition against the order dated 22nd September, 2005 passed by the Board of Revenue whereby the second appeal filed by the respondent-plaintiff has been allowed and the orders passed by the trial Court dated 10th September, 1991 and the order passed by the lower appellate Court, i.e. Commissioner dated 2nd March, 1998 were set aside and suit filed by the plaintiff, who are respondents, in this writ petition, has been decreed.

2. The facts are not in dispute. The plaintiff-respondents filed a suit under Section 209 of U.P.Z.A. and L.R. Act against the petitioners for the eviction of the petitioner on the ground that the petitioners are trespassers, therefore, they are liable to be evicted. The petitioner, defendant in the suit, took up the plea that their houses are in existence over the land in dispute for the last more than 20 years and that their houses are in existence before 15th March, 1974 and also before 30th June, 1985 when Section 123 of U.P.Z.A. and L.R. Act was amended by the amending Act of 1974 (U.P. Act No. 34 of 1974) and amending Act of 1986 (U.P. Act No. 24 of 1986) whi
























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