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1967 Supreme(All) 471

SATISH CHANDRA
Najjoo – Appellant
Versus
Board of Revenue, Uttar Pradesh, Allahabad – Respondent


ORDER

Satish Chandra, J. - The Petitioner wants that the decree dismissing his suit u/s 209 of the UP ZA and LR Act be set aside.

2. The land in dispute is situate in Pargana and Tahsil Shahabad, district Rampur. The UP ZA and LR Act was extended to the land in dispute on 26-1-1956. On 22-10-1955, the Petitioner filed a suit for declaration and an injunction in the civil court against Jagan Respondent No. 6. With effect from 26-5-1956, the jurisdiction to try suits for ejectment u/s 209 of the UP ZA and LR Act was transferred to the revenue court. On 11-8-1956, the Petitioner moved an application for amendment of the plaint and ultimately the suit was decreed on 19-11-1957. The Defendant went up in appeal. The case was remanded back on 23--12-1958, on the ground that the issue of sirdari should be referred to the revenue court. Ultimately on 21-4-1960, the suit was dismissed by the civil court on the finding that the civil court had no jurisdiction to entertain the suit for possession, presumably because the jurisdiction had been transferred to the revenue court.

3. Five days later, that is on 26-4-1960 the Petitioner filed the present suit u/s 209 of the UP ZA and LR Act in the relev

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