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1978 Supreme(All) 1285

H. N. AGARWAL
Balwanti – Appellant
Versus
Bhaiya Ram – Respondent


Advocates appeared:
Nazim Husain, Advocate, for the Appellant; Wasi Ahmad, Advocate, for the Respondent

JUDGMENT

H.N. Agarwal, Member. - This is a second appeal against the judgment and decree dated January 7, 1972 passed by Sri R.K. Garg, Additional Commissioner, Allahabad setting aside the decree of the trial court dated December 22, 1969 in a case under Sec. 229-B of the UPZA and LR Act.

2. I have heard the learned counsel for the parties, and have gone through the record.

3. Bhaiya Ram Salik Ram, Baijmat, Parbhoo and Parsoo, respondents 1 to 5 filed a declaratory suit claiming half share in plot No. 434-M which was a grove and was ancestral property and one Behari was the common ancestor, Panna Lal and Manohar, respondents 6 and 7 contested the suit by claiming that the land did not come down from Behari, but was acquired by on Jethu, who was the grandson of Behari and that they were the descendants of the original landholder. They further stated that they had since sold off the land and had no connection with it. Smt. Balwanti, resent appellant also contested the suit by claiming that the land in question had been acquired by Jethu and his brothers Ram Swarup and Ram Jatan. She also alleged that Panna Lal and Ram in respect of the land in suit in her favour and thereafter she as

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