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1990 Supreme(All) 84

R.P.SINGH
Bhola Ram – Appellant
Versus
Board Of Revenue U. P. – Respondent


Advocates:
Advocate Appeared:
Ramji Saxena, Krishna Raj Singh

Judgment

R.p.singh

1. By means of this writ petition the petitioner has prayed for quashing of the orders passed by the additional commissioner and the board of revenue, decreeing the suit of respondents 3 to 7 under section 229-b of up za and lr act.

2. The facts of the case briefly are that plaintiff-respondents filed a suit under section 229-b of up za and lr act, hereinafter referred to as the act, for a declaration that they are the sirdars of the plot in suit with the allegations that the plaintiff and defendants 8 to 10 were the zamindars but the name of defendants 8 to 10 alone were recorded over the plots in suit and the patwari of the village being enmical wrongly recorded the names of defendants 1 to 4 and that the plaintiff and defendants 8 to 10 initially filed a suit for declaration of their bhumidhari right before the civil court which was decreed on 1-12-59. The defendants 1 to 5 feeling aggrieved went up in appeal before the civil judge which was, however, dismissed on 19-11-60. During the pendency of the civil appeal it appears that consolidation proceedings started in the village under u p. Consolidation of holdings act. The defendants 1 to 5 feeling aggrieved agai














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