DAYA CHAND Vs. OM DUTTA SHARMA

JUDGEMENT

(1.) - This appeal is directed against the judgment and order of a learned single Judge of the High Court of Allahabad dated January 25, 1985 setting aside the judgment and order of the Board of Revenue in dismissing the respondents'suit filed under S. 229(B) of the U.P. Zamindari Abolition and Land Reforms Act, 1950 and upholding the order of the trial Court decreeing the suit.

(2.) The respondents filed a suit under S. 229-B of the U. P. Zamindari Abolition and Land Reforms Act, 1950 for declaration of Bhumidhari and Sirdari Rights in respect of the land in dispute which according to them had been gifted to them by Smt. Phoolu in 1963. The appellants who were defendants contested the suit, contending that the gift deed was invalid, and the defendants were entitled to the land as they were legal heirs of Smt. Phoolu. The defendants further contended that the Suit was barred by S. 49 of the U. P. Consolidation of Holdings Act as the dispute between parties relating to the land had already been adjudicated by consolidation authorities and in those proceedings gift deed had been found to be invalid. The respondent's claim had been rejected by all the consolidation authorities and their orders were affirmed by the High Court by its order dated 9-8-1966 in W.P. No. 2581/66 filed by Om Dutta respondent.

(3.) The trial Court decreed the plaintiff's suit but on an appeal the Addl. Commissioner set aside the order of the trial Court and dismissed the suit on the finding that the gift deed was invalid. On second appeal preferred by the respondent the Board of Revenue that held the respondent suit was barred by S. 49 of the U.P. Consolidation of Holdings Act, 1953, and the gift deed was invalid. The respondents challenged the order of the Revenue Courts before the High Court under Art. 226 of the Constitution, a learned single Judge of the High Court allowed the writ petition by the impugned orders dated 9-8-1966 and set aside the orders of the Addl. Commissioner and the Board of Revenue and restored the order of the trial Court on the finding that the suit was not barred under S. 49 of the U. P. Consoliation of Holdings Act and the gift deed executed by Smt. Phoolu in favour of Om Dutta, the plaintiff-respondent was valid.