ABHIRAM ABHIRAJ Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Shashi Kant Dwivedi, learned counsel for the petitioner, Sri V. Singh, learned counsel for respondent nos.4, 5 and 6, learned Standing Counsel for the State-respondents, Sri Sudhir Bharti and learned counsel for the respondent- Gaon Sabha.

(2.) Sri Anil Kumar Tiwari, Advocate appeared and stated before the Court that he has no instruction in the matter. Mr. Munna Pandey, Advocate has also wrote on mention slip that he has no instruction in the matter.

(3.) Brief facts of the case are that the suit under Sec. 229B of U.P.Z.A. and L.R. Act was filed by respondent nos.4 and 5 claiming co-bhumidhari right along with the petitioner and respondent no.7 in respect to Plot Nos.255 and 382 (M) situated in VillageMadan Chak, Tappa Haveli, Pargana and TehsilBhatpar Rani, District- Deoria on the ground that land in dispute was acquired from joint family fund in the name of petitioner and respondent no.7. The petitioner who were defendant in the suit claiming exclusive right on the basis of sale deed executed on 4/6/1968 by Smt. Nageshari in favour of the petitioner and respondent no.7. The trial Court without framing issue in the matter has decreed the plaintiff's suit vide judgment dtd. 21/3/2001 on the ground that defendants have admitted the claim of plaintiff. Against the judgment and decree of the trial Court, an appeal was filed by the petitioner before the Commissioner along with the prayer for condonation of delay and the Additional Commissioner i.e. respondent no.2 dismissed the appeal on the ground of limitation. Against the judgment and decree of the Court of Commissioner, petitioner filed a second appeal before respondent no.1 and the second appeal has been dismissed at the admission stage, hence this writ petition.