KESHAV DEO Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) Heard Sri S.K. Purwar, learned counsel for the petitioners and Sri Anupam Kulshrestha, learned counsel for the contesting respondents.

(2.) The second appeal has been dismissed by the Board of Revenue by the impugned order on 11th May, 2011 holding that no substantial question of law was involved and accordingly, the orders dated 31.3.2011 and the order dated 27.12.2008 were upheld. The proceedings arose out of a suit under Section 176 of the U.P. Z.A. & L.R. Act for partition.

(3.) The dispute further indicates that it centers around the property acquired under the sale-deeds wherein the respondents plaintiffs claimed equal shares to the extent of 1/7th share each whereas the petitioners defendants contend that apart from the land under the sale-deed dated 10.5.1988 where the shares have been indicated as 1/7th each, the share of the other parties, which was subject matter of different sale-deeds brought on record through a short counter-affidavit have to be distributed by allocating 1/8th share to the contesting respondent Nos. 1 to 3 whereas the petitioner Nos. 4, 5 and 6 are entitled to 1/6th share each. The trial Court proceeded with the matter and from the order sheet it appears that the plaintiffs' witnesses were being cross examined. The order sheet dated 20th September, 2008 indicates adjournments of the case on the ground of further cross examination of the plaintiffs' witnesses and the date fixed was 25.9.2008.