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1970 Supreme(All) 391

R. L. GULATI, SATISH CHANDRA
Mohammad Shafi – Appellant
Versus
Gram Sabha Bisauli – Respondent


Advocates appeared:
S.P. Srivastava, For the Appellant / Naresh Chandra Rajvanshi and K.C. Dhulia for opposite party, For the Respondent

ORDER

Satish Chandra, J. - This is a Defendant's revision.

2. Gram Sabha, Bisauli, District Etawah, instituted a suit against the Applicant, Mohammad Shafi, for demolition of certain constructions made by him over plot No. 861 situate in village Bisauli and for possession of the plot. The Gram Sabha claimed to be the owner of this plot. The suit was dismissed on 9-12-1965. The Gram Sabha filed an appeal. During the pendency of the appeal, the State Government issued a notification on 13-7-1966 u/s 3(1), UP Town Areas Act, 1914. The notification stated that for the application of the provisions of the UP Town Areas Act, 1914, the Governor was pleased to declare the villages Achhalda, Bisauli and Bodepur, to be the town Area Achhalda with effect from 15-7-1966. The Notification gave a list of the plots of these villages which were included within the territorial limits of the Town Area. Plot No. 861 of village Bisauli was included in it. So, with effect from 15-7-1966, plot No. 861 of village Bisauli became included in the territorial limits of the Town Area, Achhalda. Thereafter, the Defendant Mohammad Shafi filed an application, praying that the suit be dismissed, because plot No. 86

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