JANGI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) By means of this writ petition the petitioner has prayed for quashing the order of Sri P. C. Saxena, IAS, Member, Board of Revenue dated 26-4-1976 in Second Appeal No. 537 of 73-74 (District Jaunpur) Jangi v. Raia Ram.

(2.) Brief facts giving rise to the present writ petition are that Pheral was the tenure-holder of the disputed land. He executed a sale deed in favour of the plaintiffs-opposite parties on 21-9-1964 and he executed a sale deed in favour of the defendant petitioner on 15-9-1964, but the sale deed was registered on 23-10-1964. The contention of the plaintiff-respondents was that the defendant-petitioner had illegally trespassed over the disputed land, hence they had prayed for declaration and possession under Sections 229-B/209 of the U. P. Zamindari Abolition and Land Reforms Act.

(3.) The claim of the plaintiff-respondent was contested by the defendant-petitioner on the ground that his possession was lawful and he was not liable to ejectment as claimed in the plaintiffs' suit, and various other pleas were taken. All the revenue courts have negatived the claim of the defendant-petitioner. Aggrieved by their judgments the petitioner has approached this Court under Article 226 of the Constitution.