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1968 Supreme(All) 162

M. H. BEG
Dalel Singh – Appellant
Versus
Board of Revenue, U. P. At Allahabad and othres – Respondent


Advocates appeared:
S.N. Misra, For the Appellant / B.D. Madhyan for opp. party, For the Respondent

ORDER

M.H. Beg, J. - The Petitioner seeks a writ of certiorari to quash the judgment and decree dated 26-6- 1965 passed by the Board of Revenue, U.P., opposite party No. 1, allowing a second appeal filed by Bhikkan alias Bhikku opposite party No. 3.

2. The abovementioned Bhikkan was Plaintiff in a suit u/s 202 UPZA and LR Act filed in the Court of the Assistant Collector, First Class, Sikandarbad, Bulandshahr, which was decreed on 7-6-1962. The Assistant Collector had proceeded on the assumption that the entry in C.H. Form 25 of the rights of the Plaintiff as bhumidhar and Defendant as asami of plot No. 299 in place of plot No. 425, of which the Defendant Petitioner Dalel Singh was in possession, was conclusive declaration of rights of parties. The Assistant Collector equated the allotment order in C.H. Form No. 25 with an entry in the record of rights prepared u/s 27(1) of the UP Consolidation of Holdings Act and thought that he need not explore the respective claims of the parties beyond examining what was contained in C.H. Form 25. Hence, the suit was easily decreed.

3. The Petitioner Defendant then appealed to the Additional Commissioner who examined the facts more carefully and a

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