Moose vs Vishwanath - 1987 Supreme(All) 1119

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(All) 1119

BRIJESH KUMAR
Moose – Appellant
Versus
Vishwanath – Respondent

JUDGMENT

Brijesh Kumar, Member - This second appeal has been filed against the judgment and decree dated October 18, 1978 passed by the Additional Commissioner, Varanasi Division, Varanasi, in appeal No. 75/529 of 1969 filed against the judgment and decree dated August 25, 1969 passed by the trial court in a suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act.

2. Briefly stated, the facts of the case are the Vishwanath and others brought a suit under Section 229-B of U.P. Z.A. and Land Reforms Act against Duiji and others in the court of the Judicial Officer (Revenue) in respect of plot number 566-ka, kha and 658-ka and kha, situate in village Bhakharia, pergana Khaswar Raja, district Varanasi. The case of Vishwnath is that his father was Bhumidhar of the land in dispute on the basis of a lease executed in his favour on July 15, 1959. Duiji illegally occupied the land. Ram Prasad, the father of Vishwanath filed a suit for possession and the suit was decreed. In compliance of the decree Ram Prasad obtained possession on June 25, 1960 through the Kurk-Amin. Amaldaramad was issued but the Lekhpal did not enter his name in the relevant records. The appellant co

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