SURESH CHANDRA Vs. KHASHTI DEVI

JUDGEMENT

(1.) PRESENT petition is filed assailing the judgment and order dated 29.08.2012 passed by 1st Appellate Court/Commissioner, Kumaon Division, Nainital, whereby first appeal filed by respondent nos. 1 to 10 herein was allowed and judgment and order dated 20.04.2013 passed by Board of Revenue, whereby second appeal filed by the petitioners was dismissed.

(2.) BRIEF facts of the present case, inter alia, are that Sri Jagdish Chandra (husband of respondent no.1 and father of respondent nos. 2 and 3), Jugal Kishore (father of Respondent nos. 4, 5 and 6), Respondent nos. 7 and 8 herein filed suit for partition under Section 176 of the U.P.Z.A. and L.R. Act against the petitioner and Respondent nos. 9 and 10 saying that plaintiffs were having 1/3rd share, defendant nos. 1 and 2 were having 1/3rd share, while defendant nos. 3 and 4 were also having 1/3rd share in the suit property; petitioners, herein, filed another suit no. 22/105 of 1982 -83 under Section 229 -B of the U.P.Z.A. and L.R. Act against the respondents stating therein that plaintiffs/petitioners, herein, have matured exclusive bhumidhari rights over property, in question, by way of adverse possession as well as on the principle of ouster; vide order dated 25.10.1982, both the suits were consolidated and suit for declaration filed by the present petitioners was made leading case.

(3.) LEARNED Trial Court/Assistant Collector, 1st Class/Additional SDO, Bhawar, Haldwani, vide judgment and decree dated 07.01.2010 was pleased to decree the suit filed by the present petitioners declaring them exclusive bhumidhars of the property, in question, on account of adverse possession and ouster of the defendant and was further pleased to dismiss the connected suit seeking partition under Section 176 of the U.P.Z.A. and L.R. Act.