SURAJDEO Vs. BOARD OF REVENUE U P ALLAHABAD

JUDGEMENT

(1.) This writ petition arises out of proceedings for setting aside ex parte decrees obtained by the contesting opposite parties Nos. 3 to 5.

(2.) The disputed land is in the nature of a Pokhari (small pond). The contesting opposite parties had filed suits claiming Sirdari right therein which were decreed on 7-9-1962 by the trial Court. It appears that after a lapse of five years, the contesting opposite parties asserted their right based on ex parte decrees and started saying that they would not permit anybody to irrigate their fields from the disputed land which led the petitioner to make enquiries with regard to the claim of the contesting opposite parties and thereafter the petitioner filed an application on 20-9-1967 for setting aside the ex parte decrees dated 7-9-1962. A true copy of the application filed by the petitioner for setting aside the ex parte decree is attached with the writ petition and has been marked as Annexure 'I'. The petitioner had sought the relief of setting aside the ex parte decrees in favour of the contesting opposite parties on the allegations that the contesting opposite parties had obtained ex parte decrees collusively and fraudulently. It had also been alleged that the pradhan of the Gaon Sabha was in collusion with the contesting opposite parties and had wrongly and illegally helped the contesting opposite parties in obtaining the ex parte decree.

(3.) The contesting opposite parties filed objection against the allegations made by the petitioner in the application for setting aside ex parte decrees and asserted that the petitioner had no right to file the application for setting aside the ex parte decrees and that no fraud was practiced upon the court in obtaining the ex parte decrees and that valid decrees have been obtained which could not be set aside at the instance of the petitioner.