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1966 Supreme(All) 303

S. N. SINGH
Junior High School Chandra Bhushan Ganj – Appellant
Versus
Board of Revenue – Respondent


ORDER

S.N. Singh, J. - This petition Under Article 226 of the Constitution of India arises out of proceedings u/s 209 of the UP Zamindari Abolition and Land Reforms Act.

2. One Lodhwa was the tenure-holder of the plots in suit. He died on 25-4-1953. On his death the plots in suit came in possession of Smt. Surji the married daughter of Lodhwa and after the death of Smt. Surji which followed soon after her husband came in possession of the same. At the time when Lodhwa died, in accordance with the law in force then there were no heirs of Lodhwa with the result that the property went to the Gaon Samaj. Since after the death of Lodhwa Smt. Surji and her husband came in possession their possession was considered to be unlawful by the Gaon Samaj. Gaon Samaj treating them as trespassers proceeded under Rule 115-C of the UP Zamindari Abolition and Land Reforms Rules for their ejectment and got them ejected and took possession on 22 -7-1954. Thereafter the Gram Samaj leased out the disputed plots to the Junior High School, Chandra Bhushanganj, district Rae Bareli Petitioner No. 1. It appears that the UP Zamindari Abolition and Land Reforms Act was amended by Act XVI of 1953 by which amendmen

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