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2017 Supreme(All) 1634

ANJANI KUMAR MISHRA
Ranvijay Singh – Appellant
Versus
Board of Revenue, U. P. At Allahabad – Respondent


Advocates Appeared:
For the Petitioner:- Manvendra Nath Singh,Vinod Kumar Singh
For the Respondent:- C.S.C.,Diwakar Singh

JUDGMENT

Anjani Kumar Mishra, J.

Supplementary affidavit filed in Court today. The same is taken on record.

Heard Shri V.K. Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

The writ petition arises out of a suit under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act for eviction of the petitioners.

2. The plaintiffs/respondents claimed title to the land in question on the basis of registered sale deed executed in their favour by the recorded tenure holder.

3. The petitioners contested the suit claiming that one Mohammad Ayyub was in possession of the land in question and he had put the petitioner in possession on the basis of agreement. It appears to have been alleged also, that the land was in the nature of an abadi and, therefore, the Revenue Court had no jurisdiction to decide the suit.

4. The trial Court, vide judgment and decree dated 16.03.2013, decreed the suit, which judgment was affirmed in appeal, vide order dated 21.12.2013. The consequential revision filed before the Board of Revenue was also being dismissed. Hence this writ petition.

5. The first contention of learned counsel for the petitioner is that si
















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