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2003 Supreme(All) 737

S.P.PANDEY
SIYA RAM SINGH – Appellant
Versus
SATYA NARAIN ETC – Respondent


S. P. PANDEY, MEMBER., J.

These are two second appeals against the judgment and decree, dated 17-2-1994, passed by the learned Additional Commissioner, Varansi Division, Varanasi, in Appeal Nos. 1 and 2 of 1991, arising out of the judgment and decree, dated 31-10-1991, passed by the learned trial Court in 2 suits under Sections 229-B/209 of the UPZA & LR Act (hereinafter referred to as the Act ).

2. Briefly stated, the facts giving rise to the instant second appeals are that Sia Ram etc. instituted a Suit No. 4 under Sections 229-B/209 of the Act for declaration of their rights as bhumidhar of the land in dispute against the defendant, Satya Nararain, impleading the State of U. P. and the Gaon Sabha concerned, inter-alia pleading that the name of Defendant No. 3, Satya Narain has been wrongly entered in the revenue records. The Defendant No. 3, Satya Narain also instituted a Suit No. 49 under Sections 229-B/209 of the Act for decelaration of his rights against Sia Ram etc. , on the basis of his possession over that land, in dispute, perfecting his title. The learned trial Court vide its order and decree, dated 14-4-83, decreed the suit of Satya Narain. In appeal, the decree of the l










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