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R. P. GUPTA
Janardan Upadhyay – Appellant
Versus
Kesho Rai – Respondent
JUDGMENT
R.P. Gupta, Member (J.) - The present revision was filed by the plaintiff Sri Janardan Upadhyay against respondent Kesho Rai, Lalta Rai State of U.P. and Municipal Board Azamgarh through Collector. During the pendency of the case Respondent No. 1 and 2 Sarvasri Kesho Rai and Lalta Rai died and their heirs were substituted in their places.
2. Briefly stated facts of the case are that the plaintiffs Janardan, Ram Narain & Sita Ram s/o Prabhakar Upadhyay on 1-9-78 filed a suit under Section 229-B of U.P.Z.A. & L.R. Act. Regarding plot No. 347-M/421 area - 233 acres towards south situated in village Nibhi Tappa Harbanspur Pargana Nizamabad District Azamgarh, against the defendants Kesho Rai, Lalta Rai, Gaon Sabha Nibi through Pradhan and U.P Government through Collector. By notification the land in suit was included within the limit of Municipal Board Azamgarh with effect from 25-9-75. On 22-4-81 the village in suit was notified under Section 4-A (2) of U.P. Consolidation Act and the consolidation proceedings started in the village. The trial court vide its order dated 17-10-81 abated the suit under Section 5 (2)(a) of U.P.C.H. Act. The revision filed against this order was dis
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