Manraji vs Barkoo - 1986 Supreme(All) 513

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1986 Supreme(All) 513

H. N. SRIVASTAVA
Manraji – Appellant
Versus
Barkoo – Respondent

JUDGMENT

H.N. Srivastava, M. - This is a second appeal against the order of the learned Additional Commissioner Varanasi Division dated 10-10-1973 allowing the appeal against the order of the learned trial court dated 12-3-73 in a suit under section 209 of the UPZA & UR Act.

2. The case has a chequered history. The present appellant Mst. Manraji filed a suit under section 209 of the Act on 17-3-1966 seeking ejectment of the respondents from the disputed plot. It was contended that Barku and others defendants have made unauthorised construction on the disputed plots. A prayer was made for their ejectment. The suit was contested and it was claimed that the plots constituted their old abadi. The case was decreed in favour of the appellant plaintiff Mst. Manraji on 24-9-1966. In appeal the learned Additional Commissioner by his order dated 12-4-1967 remanded the case for proceeding with it afresh. The suit was dismissed by the learned trial court on 20-3-1970 as not maintainable. The learned trial court observed that the relief sought by the plaintiff cannot be given by a revenue court as it was not possible to get the defendants ejected and the constructions, if any, demolished in proc

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