RAMESH CHAND Vs. VINAYAK BUILDWELL PVT LTD

JUDGEMENT

(1.) Heard Sri Santosh Kumar Mishra, Advocate holding brief of Sri Vinod Swaroop Learned Counsel for the petitioner, Sri Manish Goyal, Learned Counsel for the respondent No. 1, learned Standing Counsel for the respondent Nos. 3 and 4 and the Learned Counsel for the Gaon Sabha.

(2.) The challenge in this petition is to the order of the Board of Revenue dated 17th September, 2008 which in essence questions the correctness of the procedure adopted by the Sub-Divisional Magistrate in a suit for partition under section 176 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as 'the U.P.Z.A. & L.R. Act, 1950').

(3.) The petitioner-instituted the said suit on the ground that the respondent No. 1 had purchased only 16/17th share of plot No. 1929 from the petitioner and the balance of 1/17th had been retained by the petitioner, which deserves to be partitioned as the respondent No. 1 was unathorizedly trying to encroach upon the said part of the land.