HARBANS Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) :-

(2.) BY means of this writ petition the plaintiffs-petitioners have prayed for quashing the judgments of the second appellate court and the first appellate court and have prayed for remanding the case to the First Appellate Court to decide the claims of the parties on merits.

(3.) ON the pleadings of the parties a number of issues were struck by the trial court and the trial court gave judgment against the plaintiffs-petitioners and found that the plaintiffs had not succeeded in proving their claim of Sirdari right in the disputed land and the defendant had also failed to prove his claim of Sirdari right in the disputed land. However, the trial court had held that the notice under Section 80 C. P. C. given by one of the plaintiffs was sufficient notice (See Annexure 'A' attached with the writ petition). Aggrieved by the judgment of the trial court the plaintiffs-petitioners had preferred an appeal which was dismissed by the appellate court on the ground that the notice under Section 80 C. P. C. was not a proper notice as one of the plaintiffs had not served the notice under Section 80 C. P. C. (See Annexure 'B' attached with the writ petition). Thereafter the plaintiffs-petitioners preferred a second appeal which was also dismissed by the learned Member in charge of the Division through his judgment dated 3-10-1969 (See Annexure 'C' attached with the writ petition). Against the judgment of the second appellate court a review petition was also filed which was also dismissed through the judgment dated 31-8-1977 on record (See Annexure 'D' attached with the writ petition). Now the plaintiffs-petitioners have approached this Court under Article 226 of the Constitution.