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1969 Supreme(All) 305

GANGESHWAR PRASAD, GYANENDRA KUMAR
Badri – Appellant
Versus
Juthan Singh – Respondent


Advocates appeared:
R.M. Sahai, Advocate, for the Appellants

JUDGMENT

Gangeshwar Prasad, J. - These are two connected special appeals arising out of two writ petitions; writ No. 1441 of 1956 having given rise to Special Appeal No. 436 of 1962 and writ petition No. 1442 of 1956 to Special Appeal No. 468 of 1962. The petitioners in the two writ petitions were different but the contesting opposite parties in both the writ petitions were the same. As the petitions raised identical questions they were disposed of by a common judgment by the learned Judge who heard them, and the appeals too are being disposed of by us by a common judgment.

2. Badri and KaIlu filed two applications for possession of certain agricultural lands against two sets of opposite parties under Section 232 of the U. P. Zamindari Abolition and Land Reforms Act, claiming that they were Chivas is under Section 20 (b) of the said Act and praying that possession of the lands be delivered to them. The claim in both the applications was based on the fact that the applicants were recorded as occupants in the revenue records of 1356F. The opposite parties to the applications contested the applications and they asserted that they acquired adhivasi rights in the lands in dispute under S

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