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2010 Supreme(All) 1957

PRAKASH KRISHNA
MUNNE KHAN – Appellant
Versus
BOARD OF REVENUE – Respondent


Advocates:
Counsel :
S.K. Tewari and Manoj Misra for the Petitioners; B.B. Paul and Ajay Paul, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—The present writ petition arises out of suit No. 17/123/337/944 of 1996 instituted by the respondent Nos. 2 to 9 herein against the petitioners under Section 229 B of the U.P.Z.A. & L.R. Act in respect of the plot No. 2579 (old), new number 1553 situate in village Tumurki, Tehsil Sahabad, District- Hardoi. The said plot was sold by the petitioner Nos. 1, 2 and 3 in favour of the petitioner Nos. 4 to 12 by means of sale-deed dated 18th of February, 1969. The plot in question is a grove. The background facts of the case may be noted in brief.

2. The petitioner Nos. 1, 2 and 3 and the contesting private respondents were the co-tenants of number of plots namely 2579, 2914, 2615, 2462, 2468, 2412, 2902. During the consolidation operation, the parties entered into a compromise on 30th of June, 1965 whereby they agreed with regard to the allotment of the plots to the extent of their shares. With respect to the plot in dispute i.e. the old plot No. 2579, the common case of the parties is that under the said compromise it was agreed upon that the names of Munne Khan, Wahidullah Khan and Ismail Khan, the petitioner Nos. 1, 2 and 3 be expunged and the name





































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