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1984 Supreme(All) 276

K.P.SINGH
Bhurey – Appellant
Versus
Board Of Revenne U. P. At Allahabad – Respondent


Advocates Appeared:
S. N. Agarwal, N. S. Singhal

JUDGMENT

K. P. Singh, J.

1. THIS is a plaintiff's writ petition against the judgment of the Second Appellate Court dated 6-2-1978 in Second Appeal No. 3 of 1971-72 (Muzaffarnagar) Bhurey and another v. Phool Singh and others.

2. THE plaintiff-petitioner no. 1 had approached the Trial Court with the allegations that the tenure-holder Phool Singh had executed a lease dated 6-11-1965 in his favour and since then he had been in possession over the disputed land. THErefore, he acquired sirdari right in the disputed land and the right and interest of Phool Singh became extinct in the disputed land.

The contesting defendants namely Man Singh and Beg Ram refuted the contentions raised on behalf of the plaintiff with the allegations that the tenure-holder Phool Singh had executed an agreement to sell in their favour on 14-7-65 and with a view to nullify the agreement to sell he executed a lease in favour of the petitioner no. 1 fictitiously. It was further alleged that the plaintiff had no right and title to the disputed land hence the suit should be dismissed.

3. ALL the revenue courts have negatived the claim of the plaintiff' petitioners and aggrieved by their judgment they have approached































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