HRIDAYA PRAKASH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The original plaintiffs (Hridya Prakash and Prabal Prakash sons of Ram Bharose Lal), have filed a suit under Sec. 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "Act, 1950"?) for division of holdings against original defendants (Vendees), whereas Vendors were Anand Prakash, Ved Prakash and Shree Prakash all sons of Ram Bharose and their father Ram Bharose, who sold their share to original defendants.

(2.) The original plaintiffs claimed that they have equal rights as their 3 brothers (4th already died) since they were also coopted by their mother with consent of the Zamindar probably at later period.

(3.) An attempt was made by original defendants that plaintiffs were not born during 1352 Fasli i.e. 1945, but it failed since mother of original plaintiffs and original defendants (vendors), died in 1943 and in 1944 their one brother (Vinay Prakash) also died issueless and since parentage of original plaintiff is not under much dispute, therefore, they were born before 1943, when their mother died.