Jagannath Singh vs Udai Singh - 1992 Supreme(All) 1222

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1992 Supreme(All) 1222

J. N. DWIVEDI
Jagannath Singh – Appellant
Versus
Udai Singh – Respondent

Advocates appeared:
S.D. Pathak, Advocate, for the Appellant; R.B. Lal, Advocate, for the Respondents

JUDGMENT

J.N. Dwivedi, Member. - Both these appeals have been filed in the same case, and so, they are being disposed of together.

2. I have heard the learned counsel for the parties, and gone through the file.

3. The facts of this case are that Udai Singh and others filed a suit for partition under Sec. 176 of the U.P. Act I of 1951 in respect of the joint Khata of the parties in village Abusarai, Pargana Mangalsi, district Faizabad. The preliminary decree in this case was passed on 18.9.72 and the shares of the parties were determined. Thereafter Udai Singh filed an application for preparation of the final decree. Originally, the total area of the land comprised in the joint Khata was 6 Bighas 9 Biswa 18 Biswani, but some land out of it was acquired by the Government for a bypass road, and so, the area was reduced to 4 Bighas 14 Biswa 8 Biswansi. It was less than 3.125 acre and so, the learned trial court passed an order on 7.2.75 that the land should be auctioned. The auction was held on 29.10.75, and Jagannath Singh was the highest bidder. His bid was accepted, and the auction was confirmed by the trial court on 3.1.1976. In the meantime, an objection was filed by Udai Singh aga

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