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1955 Supreme(All) 87

MUKERJI, MEHROTRA
Kishan Singh – Appellant
Versus
Board of Revenue, U. P. – Respondent


Advocates:
Harish Chandra Sharma, for Applicant; Standing Counsel, for Opposite Party 1 and S.B.L. Gaur, for Opposite Parties 2 to 4.

Judgement

MEHROTRA, J.:- This is an application under Art.226 of the Constitution praying that a writ of certiorari be issued to the opposite party quashing the order of the Board of Revenue dated 2-2-1954. It is necessary to give certain facts in order to appreciate the grounds raised in the petition. Lala Ram Kishore, who is opposite party No.5 to the present petition, was a zamindar and landholder of the disputed plots, mentioned in the petition, and Karan Singh, father of opposite parties Nos. 2 to 4 in the present petition, was the hereditary tenant of the said plots.

2. A suit was brought by Ram Kishore against Karan Singh under S.163, U.P. Tenancy Act, for arrears of rent in respect of the disputed plots. In the said proceedings, it was found that Karan Singh had not paid the rent and therefore he was ordered to be ejected u/s.165 on 1-6-1942. Possession was obtained by Ram Kishore over the plots in pursuance of the aforesaid order. After obtaining possession Ram Kishore let out the land to the applicant Chaudhary Kishan Singh. After the coming into force of the U.P. Tenancy (Amendment) Act, 1947, the opposite parties 2 to 4 to the present petition made an application u/s.27 o











































































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