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IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Ram Deo Tewari – Appellant
Versus
Board Of Revenue – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Mithilesh Kumar Pandey, Advocate holding brief of Mr. Arvind Kumar Shukla, learned counsel for petitioners and Sri Ashok Kumar Dwivedi, Advocate holding brief of Sri Himanshu Pandey, learned counsel for contesting respondents.
2. This case is arising out of a suit filed by the original respondents/plaintiff in respect of land in dispute for ejectment of defendants/original petitioners herein under Section 202 -B of Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter called the "Act, of 1950")
3. In the suit following issues were framed:
4. Aforesaid suit was decreed and defendants/original petitioners were directed to be evicted. The defendants thereafter filed an appeal before the Commissioner which was dismissed.
5. A question was raised therein on the maintainability of suit that no prior notice was given before institution of suit however it was rejected.
6. In the aforesaid circumstances, petitioners filed a Second Appeal before Board of Revenue wherein a question was referred for consideration before the bench. The question referred is as follows: "1. The question referred to this Bench for opinion is whether
Notice is mandatory before ejectment of an Asami under Section 202-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950.
Possession for over 12 years confers sirdari rights; established orders must be recognized by revenue authorities to amend records suitably.
Asami leases under U.P. Zamindari Abolition and Land Reforms Act automatically terminate after five years, allowing eviction without a suit under Section 202.
Asami leases under U.P. Zamindari Abolition Act automatically terminate after five years, allowing for determination without a suit or notice if expired.
The main legal point established in the judgment is that Sections 61 and 79A of the Bombay Land Revenue Code, 1879, providing for penalties for unauthorized occupation of land and summary eviction of....
The court established that there is no limitation for filing a suit under Section 229-B of the U.P.Z.A. and L.R. Act, affirming the petitioners' continuous possession and rights over the disputed lan....
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