STATE OF U P Vs. MALKEET SINGH

JUDGEMENT

(1.) THIS writ petition has been filed by the State challenging the legality and validity of the judgment and order dated 29.1.1992 passed by the Board of Revenue, which is contained in Annexure 3 to the writ petition.

(2.) RELEVANT facts of the case giving rise to present writ petition are that a suit under Section 229 -B of the U.P. Zamindari Abolition & Land Reforms Act (hereinafter referred to as 'the Act) was filed the respondent no. 1, Malkeet Singh for declaration of Bhumidhari rights over the land in dispute claiming possession for more than 20 years and thus having acquired rights by way of adverse possession under Section 210 of the Act. The suit was decreed by the Sub -Divisional Officer/Assistant Collector, 1st Class vide judgment and order dated 26.3.1991 and respondent no. 1 was declared Bhumidhar, Class -II.

(3.) STATE filed an appeal against the aforesaid judgment and order dated 26.3.1991 before the Additional Commissioner (Judicial), Kumaon Division, Nainital, which was allowed vide judgment and order dated 16.7.1991 holding that the recorded tenure -holders were 'THARU who belong to Scheduled Tribe and in view of the amendment made under Section 210 of the Act, no right could be perfected by adverse possession.