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1984 Supreme(All) 616

B.L.YADAV
Sharda Devi – Appellant
Versus
Board of Revenue – Respondent


Advocates Appeared:
For the Appellant : S.N. Sahai and K.M. Singh
For the Respondent: K.B. Garg and R.N. Singh

JUDGMENT :

B.L. Yadav, J.

The present petition, under Article 226 of the Constitution is directed against order dated 30th July 1976 passed by Board of Revenue (Annexure 4'). The case has got a chequered history. A suit u/s 176 of the UP ZA & LR Act (hereinafter referred to as the Act for the sake of brevity) was filed by Sri Bhrigunath Singh and Pbuleshar Singh, the Respondent Nos. 9 and 10. The Petitioner, however, was not a party to that suit. The suit was decided by a compromise dated 20th August 1963, these 6 plots in dispute (plots No. 20, 38, 13, 20, 14, 15 etc) were given in the share of Ramakant Singh and Shivkant Singh, Respondent Nos. 7 and 8.

2. The Petitioner who was not a party to this suit, filed another suit in respect of these plots u/s 229-B of the Act for declaration of Bhumidhari and Sirdari rights and Respondent Nos. 7 to 12 were also made parties along with State of U.P. and Gaon Sabha concerned. The contesting parties of the suit, however, entered into a compromise, and in consequence a compromise decree was passed on 25th April 1964 and (he Petitioner was declared sirdar and bhumidhar of these 6 plots. The other Respondents who were parties to the suit, were ho



























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