MATHURA PRASAD SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri P.P. Singh, learned counsel for the petitioner and learned standing counsel for the respondents.

(2.) However the suit was filed under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act only. No prayer for partition was made in the plaint. In the written statement filed by Pradhan Gaon Sabha possession of the parties was admitted. The suit was decreed on the basis of compromise dated 09.04.1969. Said order was passed in case No. 243 by S.D.O. Kadipur, District-Sultanpur, Mathura Prasad Vs. Banshidhar Singh and others. The private defendants in the said suit never objected to the compromise.

(3.) Thereafter Gaon Sabha filed objections before Consolidation officer in the form of case No. 2609 under Section 9-A (2) of U.P. C.H. Act contenting that the property of the suit belonged to the Gaon Sabha. The objections were rejected on 13.07.1998 by Consolidation Officer final record, Sultanpur holding that it could not set aside the earlier compromise decree. Appeal No. 123/344 was filed against the said order, which was dismissed on 02.06.1982. Thereafter revision no. 1050/1467 was filed which was dismissed on 08.03.1983 by Deputy Director of consolidation, Sultanpur on 17.09.1986. Thereafter Pradhan filed restoration application before the S.D.O. On 29.09.1986 seeking to recall the order dated 09.04.1969 decreeing the suit on compromise. The case taken in the said restoration application was that the suit was only in relation to plot no. 165 area 3 bigha, 15 biswa one biswansi and plot no. 206 area one bigha, however, subsequently plot no. 161 area 7 Biswa and plot no. 188 area 2 bigha 15 biswa one biswansi and plot no. 298 area 2 bigha 15 biswa 2 biswansi were added in the plaint and the decree. Said application was allowed by the S.D.O. Kadipur, District-Sultanpur on 23.07.1990 (the order was passed in case no. 243.) Against the said order Revision no. 590 was filed by the petitioner. The said revision was decided on 30.09.1993 by Additional Commissioner Judicial, Faizabad division Faizabad and matter was referred to the Board of Revenue with the recommendation to allow the revision. Before the board of revenue Allahabad, the matter was registered as Reference no. 12/93-94 Mathura Prasad vs. Gaon Sabha. The Board of Revenue through order dated 21.04.1995 rejected the reference and up held the order of S.D.O. Dated 23.07.1990, through which compromise decree dated 09.04.1969 had been set aside and the suit had been restored.