GOPI CHAND Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition arises out of the otder of Board of Revenue dated 19-2-1971 by which the econd appeal filed by the plaintiff-petitioner has been dismissed under Order XII, Rule 11 of the Code of Civil Procedure.

(2.) THE suit giving rise to the second appeal filed before the Board of Revenue was filed on the allegation that the land in dispute originally belonged to Smt. Champa and Smt. Toofania who sold the land in dispute to the plaintiff-petitioner. THEreafter the suit was filed for the ejectment of the defendant respondents on the allegation that they are in possession over the land in dispute as trespoassers and are liable to ejectment. THE suit was contested on the ground that the aforesaid tenure-holders have transferred possession to the defendant-respondents on the basis of a written deed dated 28-7-1964 on receiving Rs. 6250/-. THErefore, they are not trespassers and are not liable to ejectment.

(3.) IN this view of the matter, I allow the petition, quash the order of the Board of Revenue dated 19-2-1971 and direct it to admit the appeal under Order XLI, Rule 11 CPC and hear and decide the same according to law. However, the parties shall bear their own costs. Petition allowed.