RAM PIARI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition arises out of two suits filed by the Petitioners Nos. 1, 3 and 4 and the original Petitioner No. 2 who is dead and now represented by his heirs mentioned in the present writ petition against Sardari Lal and Sikandari Lal (opposite parties Nos. 3 and 4) now represented by their heirs mentioned in the writ petition, under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act, hereinafter referred to as "the Act".

(2.) THE disputed plots in the present writ petition are 1131, 1132, 1133, 1134, 1135 and 1136. The Petitioners claimed Bhumidhari right in the aforesaid plots and asserted that the Defendants had taken illegal possession, hence the suits for ejectment of the Defendants under Sections 209 of the Act. It had been alleged by the Plaintiffs -Petitioners that Smt. Ram Pyari was a hereditary tenant of the disputed plots and she had sold 4/5th share in the disputed plots to other Plaintiffs, hence all claimed Bhumidhari right in the disputed plots and prayed for ejectment of the Defendants from the same.

(3.) IT is noteworthy that the disputed plots Nos. 1131, 1132, 1133 and 1134 were in possession of Sikandari Lai and plots Nos.1135 and 1136 were in possession of Sardari Lai.