BINAYAK SINGH Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition arising out of a suit under section 176 of the UP ZA and LR Act of partition of 1 /3rd share filed by Adya Singh, opposite party no. 4 in the present petition.

(2.) THE allegations in the plaint are that the disputed plots are joint property and that the plaintiff had l/3rd share therein. In a. partition separate quras were prepared by the defendant Vinayak Singh who got better quality of land in his qura, hence the plaintiff is at a disadvantageous position and claims partition of his share.

(3.) THE trial court through its judgment dated 28-9-72 accepted the claim of the plaintiff and declared his l/3rd share in the disputed property. Against the judgment of the trial court the petitioner went in appeal but remained unsuccessful as is evident from the judgment of the appellate court dated 29-9-73. THEreafter the defendant petitioner preferred a second appeal which has also been dismissed by the second appellate court through its judgment dated 17-12-1973. Aggrieved by the judgment of the revenue courts the defendant petitioner has approached this Court under Article 226 of the Constitution.