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1967 Supreme(All) 200

K. B. ASTHANA
Tej Bahadur Singh – Appellant
Versus
Board of Revenue – Respondent


ORDER

K.B. Asthana, J. - By this petition Under Article 226 of the Constitution the order passed by the Board of Revenue in a Second Appeal and an order passed by the Additional Commissioner in a First Appeal have been brought up for being quashed by a writ of certiorari. The Petitioners Tej Bahadur Singh and Ram Bilas were the Defendants in a suit brought by Jai Kumar Singh, Respondent No. 4 to the petition, u/s 229B read with Section 209 of the UPZA and LR Act for a declaration that the Plaintiff alongwith his other brothers was the Bhumidhar and Sirdar in possession of the lands in dispute and in the alternative, if found out of possession, then decree for possession be awarded. It was alleged by the Plaintiff that the disputed land was the tenancy of his brother Nand Prasad after whose death Smt. Ram Dulari, brother's widow came into possession of it. It was further alleged that when Smt. Ram Dulari died, the Plaintiff along with his brother started cultivating the lands as the heirs of Nand Prasad and since the Defendants tried to assert their claim, hence the suit. It may be stated that the suit was filed on 18-2-1960 about 7 years after the death of Smt. Ram Dulari. The defen

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