Dayaram Singh vs State Of U. P. - 2023 Supreme(All) 1256

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(All) 1256

CHANDRA KUMAR RAI
Dayaram Singh – Appellant
Versus
State Of U. P. – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Shreyas Srivastava
For the Respondent: Arun Kumar Pandey, Krishna Mohan

JUDGMENT :

1. Heard Mr. Shreyas Srivastava, learned counsel for the petitioners, Mr. Krishna Mohan, learned counsel appearing for plaintiff-respondent no. 2, Mr. Arun Kumar Pandey, learned counsel for respondent no. 3 (Gaon Sahba) and Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2. Brief facts of the case are that plaintiff respondent no.2 filed a suit no.4625 of 2022 for division of holdings in Khasra No.1096 (old no.714/4) area 0.1010 hectare situated in Village-Goharwar Hallu, Pargana Boodpur, Tahsil-Chandpur, District-Bijnor. Defendant-petitioners filed a written statement stating specifically that revenue Court had no jurisdiction to try a suit under Section 116 of U.P. Revenue Code, 2006 as the property had been earmarked as abadi. Sub-Divisional Officer/respondent no.4 passed a preliminary decree vide judgment dated 13.12.2022 declaring 1/3 share of plaintiff, 1/3 share defendant no.1 and 1/3 share of defendant no.2. Against the judgment dated 13.12.2022 passed by the Sub-Divisional Officer/respondent no.2, petitioners filed an appeal under Section 207 of U.P. Revenue Code, 2006, which was registered as Case No.228 of 2023, Computer