GABAR SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have sought the following relief:-

(2.) BRIEFLY stated facts of the case, giving rise to this petition, are that a suit u/s 229-B of U.P. Z.A. & L.R. Act was filed by the petitioners/plaintiff Gabar Singh and others in respect of the land in question. The suit was contested by the private respondents/defendants by filing a written statement. It was specifically pleaded in the written statement that the civil court had already decided the dispute in respect of the land in question and the decision of the civil court will operate as estoppel and the suit is also barred by principle of res-judicata. The trial court, after hearing the parties and perusing the record, dismissed the suit. Against the order of the trial court, the petitioners preferred first appeal before Additional Commissioner, Pauri Garhwal, who vide order dated 25.10.1982 allowed the appeal and set aside the judgment and order of the trial court and remanded the case to the trial court for fresh decision. Feeling aggrieved by the order of the first appellate court, the private respondents/defendants preferred second appeal before the learned Board of Revenue, Allahabad. By the impugned order dated 8.4.1985, learned Board of Revenue allowed the second appeal of the respondents/defendants and set aside the order of the first appellate court. Hence, this petition. I have heard learned counsel for the parties and perused the record.

(3.) LEARNED counsel for the petitioners vehemently urged that the principle of res-judicata could not be attracted in this case since the previous suit was filed by the respondent nos.3 and 4 for possession and demolition while the present suit was filed by the petitioners for declaration of their bhumidhari rights over the land in dispute. He further argued that the State Government as well as Nagar Palika were made parties to the suit u/s 229-B of the U.P.Z.A. & L.R. Act.