DOODH NATH Vs. BOARD OF REVENUE UTTAR PRADESH

JUDGEMENT

(1.) THIS is a plaintiff's writ petition filed against the judgment of Shri P. C. Saxena, I. A. S., Member, Board of Revenue, U. P., Allahabad, dated 9-11-1975.

(2.) NECESSARY facts giving rise to the present writ petition are that the petitioner were lessees of the disputed land and their leases had been cancelled under the provisions of Section 198 (2) of the U. P. Zamindari Abolition and Land Reforms Act, (hereinafter referred to as the Act) as stood prior to the amendment of the aforesaid section by U. P. Ordinance No. 18 of 1970 and by U. P. Act no. 35 of 1970. Since the leases were cancelled under the aforesaid provision, the petitioners filed suit for declaration of their Sirdari right in the disputed land under the provisions of Section 198 (4) of the Act as it then stood. The plaintiff's claim was negatived by the trial court and the plaintiffs could not get any relief in appeal and in revision also the plaintiffs remained unsuccessful. Aggrieved by the judgments of the revenue courts the plaintiffs have approached this court under Article 226 of the Constitution.

(3.) I have examined the contentions raised on behalf of the parties. It is proper to mention the provisions of Section 198 (2) and (4) under the unamended Act;-