LAWS(ALL)-2022-1-101

BIRLA INSTITUTE OF SCIENTIFIC RESEARCH Vs. MAHENDRA SINGH

Decided On January 04, 2022
BIRLA INSTITUTE OF SCIENTIFIC RESEARCH Appellant
V/S
MAHENDRA SINGH Respondents

JUDGEMENT

(1.) Few basic facts as it engages consideration, in the present writ petition are, that the petitioner before this Court is a defendant No. 51 in Suit No. 27/03 of 1998-99, Mahendra Singh and others Vs. Ishwar Singh and others, instituted by the respondent numbers 1, 2 and 3 to the writ petition by invoking the provisions contained under Sec. 176 of the U.P.Z.A. and L.R. Act, seeking partition of the holdings, which was more particularly described in relief 10A of the Suit. The property in relation to which, the proceedings under Sec. 176 of the Act was instituted, is extracted hereunder:-

(2.) The suit proceeded on its merits and ultimately, the same was decided by the Court of Assistant Collector, 1st Class, by preparation of a preliminary decree of partition on 25/7/2008, wherein the kuras as settled interse between the parties to the suit and the same was placed before the Assistant Collector, based on the report submitted by the Amin on 12/9/1999. The Assistant Collector, 1st class vide its judgement dtd. 25/7/2008 decided the suit for partition and while fixing the kuras which was based as per the schedule given under the judgement dtd. 25/7/2008 itself. The same was put to challenge in a Z.A. Appeal being Z.A Appeal No. 85/07- 08/47/10-11, Birla Institute of Scientific Research Vs. Mahendra Singh and 29 others, preferred by the petitioner/defendant, putting a challenge to the decree of 25/7/2008, by invoking the provisions contained under Sec. 331 of the U.P.Z.A. and L.R. Act. The Appeal thus preferred by the petitioner too met with the same destiny and the same was dismissed by the Court of Additional Commissioner vide its judgement dtd. 26/1/2015, affirming the judgement of the learned trial Court. The observations which were made by the Appellate Court, observes as under:-

(3.) The order of the First Appellate Court, was put to challenge along with the order of Assistant Collector, 1st class directing the preparation of preliminary decree by filing a Revision being Revenue Revision No. 139 of 2014-15, Birla Institute of Scientific Research Branch Vs. Mahiendra Singh and others under the provisions contained under Sec. 333 of the U.P.Z.A. and L.R. Act, which too was dismissed by the learned Revisional Court, i.e. the Board of Revenue by one of the impugned judgements dtd. 14/3/2019. It is these three judgements, which are put to challenge by the petitioner in the present writ petition.