Raghuraj Singh vs State Of U.P. - 2024 Supreme(All) 2501

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(All) 2501

IN THE HIGH COURT OF ALLAHABAD
SAURABH SHYAM SHAMSHERY
Raghuraj Singh – Appellant
Versus
State Of U.P. – Respondent

Advocates Appeared:
For the Appellant : Abhinav Gaur,Anoop Trivedi (Senior Adv.),Vibhu Rai
For the Respondent: Alok Kumar Gupta,Brij Bhushan Paul,C.S.C.,Ghan Shyam Singh,Krishna Kant Singh,Manu Singh, Vinod Kumar Rai

JUDGMENT :

Saurabh Shyam Shamshery,J.

1. Heard Sri Anoop Trivedi, learned Senior Counsel assisted by Sri Vibhu Rai, learned counsel for petitioner and Sri A.P. Paul, learned counsel for contesting respondent.

2. In the present case, contesting respondents have filed a Suit No.42/2007 under Section 229 -B of Uttar Pradesh Zamindari Abolition Land Reforms Act, 1950 against the petitioner and claimed co-tenure to the extent of half shares.

3. In the said suit following 13 issues were framed.

4. So far as present controversy is concerned, issue nos.8 and 13 are relevant.

5. Learned Trial Court vide order dated 6.4.2011 decreed the suit. So far as finding in regard to issue nos.8 and 13 are concerned, relevant findings thereof are reproduced hereinafter:

6. Petitioner being aggrieved by the above order, filed an appeal which was allowed vide order dated 11.8.2011 and the suit was dismissed. Relevant finding returned by the First Appellate Court so far as adoption is concerned is reproduced hereinafter:

7. The plaintiff/contesting respondents being aggrieved by the aforesaid order, filed a Second Appeal before the Board of Revenue, which was allowed vide order dated 28.12.2007 and the relevant