LAWS(ALL)-1981-1-84

BIDESHI Vs. BOARD OF REVENUE U P

Decided On January 22, 1981
Bideshi Appellant
V/S
BOARD OF REVENUE U P Respondents

JUDGEMENT

(1.) By means of this writ petition the Defendants -Petitioners have prayed for quashing of the judgment of Sri S. Mubarak Hasan, Member, Board of Revenue, U.P., Allahabad, dated 30 -6 -1975, in Second Appeal No. 836 of 1971 -72 Ghazipur, Mahabir Appellant v/s. Bideshi and others.

(2.) Necessary facts giving rise to the present writ petition are that the Plaintiff opposite party Mahabir filed a suit under Sec. 229 -B/209 of the UP ZA and LR Act against the Defendants and had alleged that he was Bhumidhar of the disputed land and that the Defendants had no concern with the disputed land and that they had been litigating since long and they have lost their claim with regard to the disputed land, hence the suit for declaration of the Plaintiffs Bhumidhari right and in the alternative for recovery of possession.

(3.) The claim of the Plaintiff opposite party was contested by the Defendants on various grounds and one of the pleas raised on behalf of the Defendants was that the Plaintiff's suit was barred by time and the Plaintiffs had no concern with the disputed land and that the Defendants had become Sirdar of the disputed land due to their continuous possession for more than statutory period. The trial Court and the first appellate Court negatived the claim of the Plaintiffs opposite parties on the ground of limitation whereas the second appellate Court has allowed the second appeal and has decreed the Plaintiff's suit holding that the Plaintiffs claim was well within time. Aggrieved by the judgment of the second appellate Court the Defendants -Petitioners have approached this Court under Article 226 of the Constitution.