SUCHCHA SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Ramendra Asthana, learned counsel for petitioner and S/Sri O.P. Pandey and Arvind Kumar Srivastava, learned counsel for respondents.

(2.) In the present case, contesting respondent-4 has filed a suit under Sec. 176 of U.P. Zamindari Abolition and Land Reforms Act, 1950, correspondingly under Sec. 116 of U.P. Revenue Code, 2006 for partition against petitioner. Petitioner has also filed a suit under same provisions.

(3.) During proceedings, service upon petitioner (defendant therein) was deemed sufficient on basis of publication also and since no objection was filed on behalf of petitioner, therefore, on basis of report of Lekhpal, kurra was finalised and a preliminary decree was passed ex-parte on 9/1/2015.