SIDDHAN LAL SON OF SRI BASU DEO @ CHOKHE Vs. STATE OF U.P. THROUGH SECRETARY REVENUE U.P. LUCKNOW AND ORS.

JUDGEMENT

(1.) The dispute relates to Gata No. 113 measuring 0.328 Hectare situate at Village Sailha, Tehsil Bilhaur, Kanpur Nagar.

(2.) The main point involved in the present writ petition is whether the Petitioner has perfected his title by adverse possession over the aforesaid parcel of land. The other question involved is whether the Board of Revenue could allow the second appeal filed under Section 100 Code of Code of Civil Procedure without taking into consideration the evidence which was relied upon by the First Appellate Court.

(3.) The facts of the case are simple and few. The Petitioner herein instituted Original Suit No. 72 of 1996, under Section 229-B of the U.P.Z.A. & L.R. Act against the contesting Respondents herein on the allegations that he is in occupation of the disputed land and had perfected his title thereon by way of adverse possession. A declaration of his bhumidhari right over the land in question was sought for.