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1982 Supreme(All) 497

R.S.SINGH
Ram Kumar – Appellant
Versus
Board Of Revenue, Uttar Pradesh At Allahabad – Respondent


Advocates Appeared:
N. B. Nigam, G. P. Bhargawa, A. N. Bhargava

JUDGMENT

R. S. Singh, J.

1. THIS writ petition is directed against the order of the Board of Revenue dated 15-4-1977 dismissing the Second appeal.

2. THE facts of the case in brief are that under section 229-B Uttar Pradesh Zamindari Abolition and Land Reforms Act, two suits were filed by the father of the petitioners-Bhagirath against Smt. Jurawan Dullaiya and others claiming to be sole bhumidhars in one suit and co-bhurmdhars in the other suit. According to the case of the plaintiff, Har Prasad died leaving two sons-Sunder Lai and Bhagirath and his widow Hazari Dullaiya. Sunder Lal died in 1930 leaving his widow Jorawan Dullaiya. He died as member of joint Hindu family. THErefore, by survivorship, the plaintiff became owner of the entire zamindari property and was in possession. His name was mutated over half of the share of zamindari and on the other half, the name of Smt. Jurawan Dullaiya was recorded in the revenue papers. On 6-2-1937, the plaintiff's mother as guardian and Smt. Hazari Dullaiya filed a suit No. 50 of 1937 in the court of Munsif against defendant no. 1 regarding half of the share in zamindari. THE suit was decreed in terms of the compromise dated 18-3-1937 wherei









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