KANCHAN LAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This appeal by Special Leave is directed against the judgment of the Allahhbad High Court dated 23rd'May, 1978.

(2.) This litigation has a long chequered history, but we narrate the brief facts which are necessary for the disposal of this appeal. Gopal Narain and Tula Ram were tenants of agricultural plots Nos. 154, 171 and 177 in village Fatehpur Rai Saheb, Pargana Bhojpur, District Farrukhabad. Shrimati Rani Chauhani was landholder of these plots. She obtained surrender of these plots by coercion on 14th September, 1943 from the aforementioned Gopal Narain and Tula Ram. Smt. Rani Chauhani then inducted Sita Ram, Ram Kishan and Babu Ram as tenants on 9th December, 1944. Gopal Narain and Tula Ram started proceedings for reinstatement under S. 27(2) of U. P. Act X of 1947 within six months of the enforcement of the said Act. This application was dismissed by the Consolidation Officer and appeal filed against it was also dismissed. 'A revision filed by Gopal Narain and Tula Ram before the Additional Commissioner was referred to the Board of Revenue. The reference could not be decided by the Board of Revenue as the village where the land in question was situated came under operation of consolidation proceedings. The revision was, therefore, stayed and the application filed by Gopal Narain and Tula Ram under S. 27(2) of U. P. Act X of 1947 was held to have abated.

(3.) Gopal Narain and Tula Ram in these circumstances filed objections before the Consolidation Authorities contending that they were hereditary tenants of the land in dispute and the surrender of land having been secured from them by Smt. Rani Chauhani by means of coercion, they were entitled to reinstatement. The objections filed by Gopal Narain and Tula Ram were contested by the newly inducted tenants Sita Ram, Ram Kishan and Babu Ram. These proceedings were finally decided in favour of Gopal Narain 'and Tula Ram by a decision of Division Bench .of Allahabad High Court in Special Leave Appeal No. 367 of 1967 dated 23rd April, 1971. In the aforesaid decision it was held that Gopal Narain and Tula Ram. had been dispossessed by coercion and as such were entitled to reinstatement.