MATA BADAL Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri S.N. Tripathi, learned counsel for the petitioners, Sri B.N. Pathak, learned Standing Counsel for the State respondents and Mr. Sunil Kumar Singh, learned counsel for the respondent- Gaon Sabha.

(2.) Brief facts of the case are that petitioners filed a suit under Sec. 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 hereinafter referred to as U.P.Z.A. and L.R. Act stating that they were tenant of the plot in question since before the date of vesting according they became sirdar and continued in possession, as such, they acquired right under Sec. 180 of the U.P. Tenancy Act. The plaint case was also to the effect that petitioners were recorded as occupant in 1356 Fasli over plot in question and remained in cultivatory possession in 1359 fasli, as such, petitioners had acquired adhivasi right in respect to plot in question. Gaon Sabha filed a suit against the petitioners which was dismissed on 1/11/1965 with liberty to Gaon Sabha to file regular suit. Gaon Sabha also initiated a proceeding under Sec. 122-B of U.P.Z.A. and L.R. Act which was dropped. In suit under Sec. 229-B of U.P.Z.A. and L.R. Act, State of U.P. filed a written statement denying the plaint allegations with respect to right, title and interest of the petitioners. Trial Court/ Extra Officer/ Assistant Collector First Class, Faizabad vide judgment dtd. 31/3/1980 dismissed the plaintiff's suit. Petitioners filed an appeal before Commissioner against the judgment of Trial Court dtd. 31/3/1980 which was registered as appeal No. 360. The Additional Commissioner heard the aforementioned appeal and dismissed the same vide judgment dtd. 1/10/1981. Petitioners filed a second appeal before Board of Revenue, U.P. at Allahabad which was registered as second appeal No. 5 (z) of 1981-82. The learned member Board of Revenue U.P. at Allahabad has heard the second appeal and dismissed the same vide judgment dtd. 23/11/1990. Hence this writ petition on behalf of the petitioners for the following relief:-

(3.) This Court has entertained the matter on 18/2/1991 and granted interim protection staying the dispossession of the petitioners from the land in dispute. The interim order dtd. 18/2/1991 was further extended and continued vide subsequent order dtd. 16/4/1991.