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CHANDRA KUMAR RAI
Karan Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Chandra Kumar Rai, J.
Heard Mr. Uttar Kumar Goswami, learned counsel for the petitioners, Mr. Abhishek Shukla, learned Additional Chief Standing Counsel for the State-respondents, Mr. Madhu Ranjan Pandey, learned counsel for respondent nos.4, 5, 6 & 7 and Mr. Sher Bahadur Singh, learned counsel for respondent no.8 i.e. Gaon Sabha.
2. Brief fact of the case are that one Umar was the original tenure holder / bhumidhar of Khasra No.53 area 3.092 acre, Khasra No. 120 area 0.95 acre, Khasra No. 215 area 2.74 acre, situated in Village- Rudrapur, Pargana & Tahsil- Pooranpur, District- Pilibhit and Khasara No.84 area 0.93 acre situated in Village- Loharpur, Pargana and Tehsil- Pooranpur, District- Pilibhit. The family pedigree of Umar will be relevant for perusal which is as under:-
3. On 1.8.1985, respondent Nos. 4 & 5 along with Jeewan Lal filed a suit, under Section 229B/176 of U.P.Z.A. and L.R. Act for declaration that they are co-sharer of the plots in dispute as well as for partition of their 1/2 share, which was registered as Suit No.38 of 1984-85. Trial Court (Sub- Divisional Officer, Pooranpur) vide judgment and decree dated 27.9.1990 decreed the aforementioned suit fi
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The preliminary decree under the U.P. Revenue Code is a final order determining the rights of parties, making it appealable despite being labeled interlocutory.
Jurisdiction in partition suits remains intact despite subsequent land acquisitions, and inherent powers under C.P.C. cannot override specific statutory provisions.
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Point of law: opinion Section 8 is not attracted in the case of leases of land where the purposes of the leases is to use the land for the purpose of agriculture, horticulture, pisciculture etc. It i....
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