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2015 Supreme(All) 3452

RAM SURAT RAM (MAURYA)
Lal Chand – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Petitioner: S.S. Sharma, P.K. Singh.
For the Respondent: C.S.C., Vivekanand Rai, Rajesh Kumar

JUDGMENT

Ram Surat Ram (Maurya), J.

Heard Sri S.S. Sharma, for the petitioners, Sri Rajesh Kumar and Sri Vivekanand Rai, for the contesting respondent-4.

2. This writ petition has been filed against the orders of Additional Commissioner dated 10.03.2015 and Board of Revenue, U.P. dated 12.05.2015, passed in mutation proceeding under Section 34 of U.P. Land Revenue Act, 1901.

3. Previous facts of the case are that during consolidation dispute between the parties arose in respect of land of chak 149 (consisting plots 154, 157, 158 and 177) of village Salarpur, pargana Shivpur, district Varanasi. During consolidation, chak 149 was carved out in the name Sheo Das, who inherited it, from his mother Smt. Naujaddi wife of Mohan. Smt. Naujaddi inherited it, from her father Luttur son of Sheo Ambar. Lal Chandra (respondent-4) filed an objection (registered as Case No. 306) under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act"), for recording his name over the land in dispute, on the basis of sale deed dated 19.05.1981, executed by Civil Judge, Varanasi, in execution of the decree for specific performance of contract dated 01.10.1975 passed in O.S.







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