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1971 Supreme(All) 349

K. N. SINGH
Ram Sahai – Appellant
Versus
Board of Revenue – Respondent


Advocates appeared:
R.S. Verma, Advocate, For the Appellant / S. C, For the Respondent

JUDGMENT

K.N. Singh, J. - Ram Sahai petitioner has filed the present petition challenging the judgment and order of Board of Revenue, U.P., Allahabad, additional Commissioner, Jhansi Division, and Additional Sub-Division Officer, Garautha, Jhansi, and has prayed for issue of a writ of certiorari quashing the order passed by these respondents.

2. The facts which led to the filing of the present petition briefly are that the petitioner Ram Sahai, Ram Kumar, opposite party no. 4 and Rani Krishan, opposite party No. 5 were co-tenants-holders of certain plots. Ram Kumar filed a suit under Section 176 of the U.P.Z.A. and L.R. Act for the partition on the holding. A preliminary decree was passed and the petitioner's share was declared to be and that of respondents Nos. 4 and 5 one fourth each. After the confirmation of the preliminary decree there remained no dispute with regard to the shares. The holding in question was less than 6.25 acres, hence it could not be partitioned. Steps were taken by the trial court. Sub-Divisional Officer, Garotha to dispose of the land in accordance with the provisions of Section 178 of U.P.Z.A. and L.R. Act, hereinafter referred to as the Act. Valuation of

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