GANESH PD Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Board of Revenue dated 22nd Feb. 1977 dismissing the Second Appeal of the plaintiff-petitioner.

(2.) THE facts of the case in brief are that a suit was filed by the plaintiff-petitioner against defendants-respondent nos. 3 and 4 u/Sec. 209 U. P. Zamindari Abolition and Land Reforms Act for the ejectment on the allegation that the plaintiff was hereditary tenant of the land in dispute before the enforcement of U. P. Zamindari Abolition and Land Reforms Act and has become Sirdar. THE defendants trespassed in the year 1370F and are liable for ejectment. THE suit was contested by the defendant-respondents on the allegation that the land in dispute was let out to them by the Zamindar through a sale deed dated 16-5-1981 (?). THEy were in cultivatory possession from 1359F and, therefore, they are the sirdars of the land in dispute. Hence, they are not liable for ejectment. THE suit was decreed by the trial court but on appeal filed by the defendants, the decree of the trial court was set aside and the suit was dismissed. THE petitioner preferred a Second Appeal, which was dismissed by the Board of Revenue. THE petitioner has challenged the aforesaid orders of the appellate courts in the present writ petition before this Court.

(3.) THE learned counsel for the petitioner contended that the petitioner has been proved to be tenure-holder of the land in dispute as he was recorded from 1359F with a duration of 7 years. According to him, the finding recorded by the Board of Revenue is erroneous in law.