Pawan Kumar vs Bhoopkali - 1976 Supreme(All) 769

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1976 Supreme(All) 769

H. N. AGARWAL
Pawan Kumar – Appellant
Versus
Bhoopkali – Respondent

Advocates appeared:
Hari Shanker, Advocate, for the Appellant; R.K. Srivastawa, Advocate, for the Respondents

JUDGMENT

H.N. Agarwal, Member. - This is a second appeal against the decree dated July 25, 1974, passed by the Addl. Commissioner, Bareilly division, dismissing the appeal no. 240 of 1971 and confirming the decree dated July 3, 1971, of the Asstt. Collector 1st Cl. distt. Badaun in a suit no. 182 u/s 176 of U.P.Z.A. and L.R. Act.

2. I have heard the Id. counsels for the parties and have gone through the record.

3. Smt. Krishna Devi the mother of the appellant Pawan Kumar had filed a suit for division of holding claiming ?th share in the Bhumidhari plot nos. 138-A, 204 and 208 and of Sirdari plot no. 138-B situated in village Aurangbad. The trail court decreed the plaintiff's suit for 1/10th share in Sirdari holding only and dismissed the suit in other respects. The order of the trial court has been upheld by the lower appellate court. Smt. Krishna Devi died during the pendency of the suit and has been substituted by her minor son Pawan Kumar who has come up in scone appal before this court.

4. The Id. counsel for the appellant has contended that the shares of recorded co-Bhumidhars and co-Sirdars should be determined on the basis of per capita in accordance with the entry in the fin

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