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2019 Supreme(All) 1578

SALIL KUMAR RAI
Jai Prakash – Appellant
Versus
Board Of Revenue – Respondent


Advocates Appeared:
G.N. Verma, Adv., A.B. Paul, Adv., A.N. Verma, Adv., A.P. Paul, Adv., Anuj Kumar Sharma, Adv., Ashutosh Pandey, Adv., B.B. Paul, Adv., H.N. Tripathi, Adv., H.O.K. Srivastava, Adv., Alka Srivastava, Adv., Ashok Kumar, Adv., Avadhesh Kumar Upadhyay, Adv., G.C. Sharma, Adv., Kumar Anish, Adv., Pradeep Chandra, Adv., Radha Upadhyay, Adv., Rohit Upadhyay, Adv., Sankatha Rai, Adv., Santosh Kumar Srivastava, Adv., Syed Wajid Ali, Adv., Rohit Kumar Upadhyay, Adv.

JUDGMENT :

Salil Kumar Rai, J.

The present writ petition arises out of proceedings registered under Section 229-B of the Uttar Pradesh Zamindari Abolition & Land Reforms Act,1950 (hereinafter referred to as, 'Act,1950').

2. The dispute between the parties relates to Khata No. 1430 which included Plot Nos. 3655,3656,3664,3667,3668,3670 and 3671 (hereinafter referred to as, 'Suit Property'). It is admitted between the parties that one Durga Prasad had two sons, namely, Ram Swarup and Bal Mukund. Ram Swarup died in 1932 and his widow Sukhdei died in 1935. Bal Mukund died in 1960. From his first wife, Bal Mukund had one son, namely, Sagar Dutt and from his second wife, Bal Mukund had two sons, namely, Shyam Lal and Jai Prakash. Shyam Lal died in 1978. Sagar Dutt died during the pendency of the case in the courts below. The respondent nos. 2 to 7 are the legal heirs of Sagar Dutt and respondent nos. 8 to 11 are the legal heirs of Shyam Lal. Jai Prakash is the petitioner in the present writ petition. During his life time, Ram Swarup was recorded as the tenure holder of the suit property. It appears that after 1932, i.e., after the death of Ram Swarup, Sagar Dutt was recorded as the tenure h

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