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ALLAHABAD HIGH COURT
Jagdish Sahai, S. N. Katju, Gangeshwar Prasad, JJ
Naresh – Appellant
Versus
Ram Khilawan, Ram Dular, Daya Ram – Respondent
| Table of Content |
|---|
| 1. dispute over possession stemming from sub-tenancy and jurisdiction. (Para 1 , 2 , 3) |
| 2. judicial review of prior rulings and the implications on current proceedings. (Para 4 , 5) |
| 3. interplay of u. p. tenancy act provisions on sub-tenant's rights. (Para 11 , 18) |
| 4. diligence in legal actions influences the application of limitation provisions. (Para 22 , 24) |
1. The dispute between the parties in this case relates to plots Nos. 5317/1 and 5317/2 area 28 acres each, situate in village Machhli Sahar, Pergana Ghesuwa, district Jaunpur. These two plots originally constituted plot No. 5317 measuring 56 acres. Syed Abdullah was the fixed rate tenant of this plot. On 24-8-1949 he sold his half share in the aforesaid plots to Ram Khilawan, Ram Dular and Daya Ram, respondents Nos. 1 to 3. Thereafter proceedings under S.145, Criminal P. C. were started. Those proceedings terminated in favour of Ram Khilawan, Ram Dular and Daya Ram. Thereafter, on 12th May, 1951 Naresh, father of the appellants Raghu - nath, Kedar Nath, Jai Nath and Hari Lal filed a suit against Ram Khilawan, Ram Dular, Daya Ram and Kaleem who was the landlord of the plots in dispute (he succeeded Syed Abdullah
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