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1987 DIGILAW 254 (ALL)

Mahabir Singh v. Gaon Sabha

1987-03-04

M.M.GOPAL

body1987
JUDGMENT M.M. Gopal, M. - This is a revision against the judgment dated July 6, 1976 of the trial court by which he ejected Jag Mandar Singh. The learned Additional Commissioner has recommended in case of Jag Mandar Singh that the order in respect of plot No. 1849, 1850 and 1851 be quashed and this recommendation was accepted by the Hon'ble Board of Revenue by its order dated September 24, 1977. 2. Heard the learned counsels for the parties and perused the file. 3. The facts of the case are that two proceedings separately started against Jag Mandar Singh and Mahabir Singh. Later on they were consolidation and by one judgment both the cases were decided. It is alleged that suit under section 209 of the U.P. Zamindari Abolition and Land Reforms Act has been decided against both and it was in respect of all these plots i.e. plots No. 1845 and 1846 were also included in that. But actually the the parties were no ejected, hence they remained in possession. The case of Jag Mandar Singh was decided by the Hon'ble Board of Revenue by its order dated September 24, 1977 and the proceedings were dropped in respect of plot No. 1849, 1850 and 1851 but not in respect of plots No. 2110 and 11226. So far as the remaining plots of Mahabir Singh i.e. plots No. 1845 and 1846 are concerned they appeared to be of the same footing, hence the order of the Hon'ble Board of Revenue dated September 24, 1977 is to be looked into and thus the case of Mahabir Singh shall be decided. Hence so far as the ejectment of Mahabir Singh from plots No. 1845 and 1846 is concerned it is quashed and the revision is partly allowed and the case is remanded to the trial court to look into the matter of Mahabir Singh considering the decision of the Hon'ble Board of Revenue dated September 24, 1977 and then to decide the case in respect of plot No. 1845 and 1846, in accordance with law. 4. Hence the order dated July 6, 1976 is modified accordingly and the case is remanded to the trial court.