SAMMA Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) In brief, the facts of the case are that the Petitioner was granted 'Patta' of the land in dispute by the Goan Sabha and as such he came into possession over the said land. After considerable long lapse of time, the Lekhpal of the area made a report against the Petitioner for his ejectment from the land on the ground that Samma Singh-Petitioner has tress-passed the land. Therefore, the Petitioner preferred a suit for declaration that he was 'Sirdar' of the land in dispute. The suit was contested by the Goan Sabha alleging therein that the property belongs to Gaon Sabha and the Petitioner was a tress-passer over it since 15.10.1970. The Land Management Committee had not executed the Patta of the land in suit in favour of the Petitioner. Ultimately, this suit was dismissed by the Trial Court vide order dated 17.9.1974.

(3.) Feeling aggrieved by the aforesaid order, the Petitioner preferred an appeal No. 6 of 1974-75 in the Court of Commissioner, Meerut division, Meerut, which was dismissed vide order dated 5.2.1975. Consequently, Petitioner preferred Second Appeal No. 121(z) of 1975-76 before the Board of Revenue, Allahabad, but this also met with the same fate.