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2007 Supreme(All) 924

KRISHNA MURARI
RAKSHPAL – Appellant
Versus
BOARD OF REVENUE, U. P. ALLAHABAD – Respondent


Advocates appeared:
Subodh Kumar, Subhash Kumar, Girish Kumar Singh, V.S. Mishra, Abhishek Kumar and Sudhakar Pandey for the Petitioner; V.K. Singh, S.C. for the Opposite Parties.

JUDGMENT

Hon’ble Krishna Murari, J.—Heard Sri Abhishek Kumar holding brief of Sri Girish Kumar Singh, learned Counsel for the petitioner and learned Standing Counsel.

2. Though the case has been taken up in the revised list no one has appeared on behalf of the respondents.

3. The facts giving rise to the present dispute lie in a very narrow compass. Petitioner filed a suit under Section 229-B of U.P.Z.A. & L.R. Act (for short ‘the Act’) against the Gaon Sabha and State of U.P. seeking a declaration that he being an unauthorized occupant of the land in dispute since 15.6.1959 has perfected rights under Section 210 of the Act. The trial Court dismissed the suit on the ground that in view of the amendment made in Section 210 of the Act by U.P. Land Laws Amendment Act, 1976 being U.P. Act 35 of 1976 with retrospective effect, the petitioner cannot perfect his right over the Gaon Sabha land. Appeal filed by the petitioner was also dismissed by the appellate Court on the ground that the petitioner has failed to prove that he has remained in unauthorized possession for the period prescribed by law to perfect rights by adverse possession. Second appeal filed by the petitioner before the Board





























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