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1971 Supreme(All) 69

JAGMOHANLAL
Chauhana – Appellant
Versus
Gaya Prasad – Respondent


Advocates:
H.N. Tilhari for S.C. Das, for Appellant.

JUDGMENT :- Second Appeal No. 234 of 1963 and Second Appeal No. 275 of 1963 both arise out of the same judgment and decree passed by the Munsif Barabanki in Suit No. 57 of 1961 which decree was also confirmed by the Civil Judge, Barabanki. The brief facts of the case were that one Badri was a Sirdar of certain plots under the provisions of the U. P. Zamindari Abolition and Land Reforms Act (hereinafter referred to as the Act). Gur Prasad defendant, who died during the pendency of these appeals and is now represented by his brother Gaya Prasad, filed a suit in the Revenue Court under Section 209 of the Act against Badri alleging that this holding was his own Sirdari holding on which Badri had entered in wrongful possession. He prayed for possession over this holding after the ejectment of Badri. In the suit a compromise dated 31-1-1959 was filed by Badri and Gur Prasad in which it was admitted that the holding belonged to Gur Prasad in which Badri had no interest and it was further stated that Badri had also restored possession over it to Gur Prasad. The court on the same day recorded this compromise and passed a decree in terms of it. Thereafter Gur Prasad remained m possession of






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