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2010 Supreme(All) 2063

PRAKASH KRISHNA
BHAGWAN DEI – Appellant
Versus
BOARD OF REVENUE ALLAHABAD – Respondent


Advocates:
Counsel :
V.D. Ojha for the Petitioner; V.B.L. Srivastava, Arun Kumar, B.K. Srivastava, Govind Krishan, R.K. Srivastava, R.K. Tripathi, R.S. Mishra, Radhey Shyam, Sushil Jaiswal, Sri Tripathi B.G.Bhai, V.K. Singh, Vinod Krishna for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is a second round of litigation in the High Court. The only point mooted presently is whether the issue sought to be raised by the plaintiff-respondent herein is barred by Section 11 of CPC or not. The background facts may be noticed in brief :

Bhairon Bux was the recorded tenant of the revenue land which is subject matter of the present litigation. The petitioner is the daughter of Bhairon Bux. Bhairon Bux died long ago before the date of vesting i.e. 1.7.1952 leaving behind him his widow Smt.Samudra Devi who after about two years of death of Bhairon Bux, remarried with one Ram Nath. Bharat Lal, respondent No. 4 herein is son of Samudra Devi and Ram Nath. Smt.Samudra Devi succeeded to the property of Bhairon Bux and her name it is admitted, was recorded in the revenue record and continued to be so even after her remarriage with Ram Nath. The Village wherein the agricultural land lay was notified under Section 4(2) of U.P Consolidation of Land Holding Act herein after referred to as the Act. No objection disputing the right, title and interest of Smt. Samudra Devi over the land in dispute was filed and accordingly chak was carved out in her



























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