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1971 Supreme(All) 116

V. G. OAK, R. B. MISRA
Gopal Narain – Appellant
Versus
Kanchanlal – Respondent


Advocates:
K.M. Dayal, for Appellant.

Judgement

R.B. MISRA, J. :- The present Special Appeal arises out of consolidation proceedings. The dispute between the parties relates to plots Nos. 154, 171 and 177. Gopal Narain and Tula Ram were the tenants of these plots. They surrendered them in favour of the land-holder Smt. Rani Chauhani on 14th July, 1943. The land-holder came in possession over the plots. On 9th December, 1944, the land-holder settled the plots with Kanchan Lal, Raghubir, Ram Kishan and Babu Ram (hereinafter to be referred to as the newly inducted tenants).

2. In 1947 the U. P. Tenancy Act of 1939 was amended by the U. P. Tenancy (Amendment) Act, 1947 (Act No. X of 1947). It was designed to give relief to certain tenants who had suffered at the hands of the zamindars. Section 27 (1) of U. P. Act X of 1947 gave relief to tenants who had been ejected under Section 165 or Section 171 or Section 180 of the U. P. Tenancy Act. Sub-section (2) of Sec. 27 of U. P. Act X of 1947 gave relief to such tenants who had surrendered their plots on account of fraud, undue influence or coercion on the part of the zamindar. It was open to such tenants to apply for reinstatement within six months from the date of the enforceme


































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