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2012 Supreme(UK) 626

SUDHANSHU DHULIA
Shiv Avtar – Appellant
Versus
Board of Revenue – Respondent


Advocates:
Advocate Appeared:
Mr. M.C. Bansal, Advocate for the petitioners.
Mr. Chetan Joshi, Brief Holder for the State of Uttarakhand.
Mr. M.S. Tyagi, Advocate for the private respondents.

Judgment :

Sudhanshu Dhulia, J. (Oral)


1. This writ petition arises out of the suits filed by the respondents against the present petitioners way-back in the year 1979 under Section 209 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act. There were two suits filed by the respondents against the present petitioners, who were the defendant in the said suits. The first suit being Suit No. 22/6 of 1979-80 was for ejectment and possession on the property regarding area of land comprising 0.11 acre at khasra no. 348 and the second suit being Suit No. 22/4 of 1980-81 was regarding the land measuring 0.02 acre at khasra no. 348 which was filed before the Assistant Collector, First Class, Kashipur. The plaintiffs/respondents claim rights on the said land on the basis of recorded revenue entries. The suits of the plaintiffs/respondents were dismissed by the trial court. Aggrieved, the plaintiffs/respondents filed an appeal before the Court of Commissioner, Kumaon Division. The Appeal was allowed and the suit was decreed. The present petitioners being defendants in the said suit filed a Second Appeal before the Board of Revenue, which was dismissed by the Board of Revenue on 31.8.1







































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