NATHU SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) By means of the present petition, the petitioner has sought a writ of certiorari for quashing the judgements and decree passed by the Board of Revenue and Assistant Collector Ist Class, Bulandshahr dated 28-10-1994 and 16-8-1993 respectively.

(2.) The present writ petition arises out of suit no. 117 of 1992 filed under Sec. 176 of U.P.Z.A. & L.R. Act for partition in respect of the land comprised in khata no. 84 situate in village Barmandnagar, Pargana Agauta, District Bulandshahr, wherein the plaintiff petitioner claimed 1/6th share in the land in dispute. The suit was contested on the ground that the plaintiff petitioner is not entitled for any share and the suit is barred under Sec. 49 of U.P. Tenancy Act. It was further pleaded that the suit is barred by res judicata in view of earlier litigation between the parties. The parties led evidence, oral and documentary, in support of their respective cases. The suit was decreed by the trial court by decreeing 1/20th share to the plaintiff by its judgement and decree dated 26-8-1993. The said judgement and decree was subject matter of challenge in appeal, being appeal no. 74 of 1992-93 preferred by Natthu Singh and Daya Ram. The appeal was allowed in part and judgement and decree of the trial court was varied by varying the shares of the parties vide judgement dated 25-10-1993. A second appeal no. 7 of 1993-94 was preferred by Munni and others who are respondents herein before the Board of Revenue under Sec. 100 CPC. The Board of Revenue by the judgement and order dated 28-10-1994 has allowed the appeal and restored the decree of the trial court.

(3.) Heard Sri Vinod Sinha, learned counsel for the petitioner and Sri Ramesh Chandra and Sri Rajesh Kumar learned Standing Counsel and brief holder for the respondent nos. 2 and 3. None appeared on behalf of other respondents.