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2018 Supreme(All) 1859

SALIL KUMAR RAI
SATISH KUMAR SINGH – Appellant
Versus
BOARD OF REVENUE U. P. – Respondent


Advocate Appeared:
For the Appellant :V.K. Singh, M.N. Singh and Mahesh Narain Singh, Advocates
For the Respondent:C.S.C., A.P. Srivastava, Anand Prakash Srivastava, Arun Kumar Gupta, Arvind Kumar Ii, Lallan Verma, Manish, P.K. Upadhaya, Rajesh Kumar, S.R. Sahai, Santosh Dwivedi and Siya Ram Sahu, Advocates

JUDGMENT :

Salil Kumar Rai, J.

Heard counsel for the petitioners, Standing Counsel representing respondent nos. 1, 2 and 3, Sri Santosh Dwivedi, Sri Punit Kumar Upadhaya, Sri Rajesh Kumar, Sri Vijay Kumar Singh & Sri Vishnu Singh, Advocates representing the contesting private respondents.

2. The facts of the case are that Bhonu Ram, Sonhu, Mewa, Sukkhu and Lurkhur were the sons of Bulli. The petitioners are the grandson of Bhonu Ram. Respondent nos. 4 to 16 are the heirs and legal representatives of Sonhu, Mewa, Sukkhu and Lurkhur. Sonhu and Mewa i.e. the predecessor in interest of respondent nos. 4, 10 and 11 instituted Case No. 500 of 1971 under Sections 229-B/176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') against Bhonu, Sukkhu and Lurkhur claiming 1/5th share each in the suit property. The property specified as suit property in the plaint instituting the aforesaid case and relevant in the present writ petition are Plot Nos. 3/1, 14A, 14B, 28/1, 28/2, 29 and 30. The aforesaid case was necessitated because the name of Bhonu was recorded in the revenue records as the sole tenure holder of the aforesaid plots (hereinaft





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