SHIVA SHANKER SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) OUR brother N.D. Ojha finding some difficulty in resolving disputed questions of law arising in the writ petition under Article 226 of the Constitution, by which petition the Petitioner Shiv Shanker Singh had challenged the correctness of the decision of the Board of Revenue in a Second Appeal, referred the following questions to a Full Bench:

(2.) WILL such a licence stand revoked merely by filing a suit for possession?

(3.) IF the answer to question No. 1 is in the nagative, could a suit for possession be filed in the Revenue Court under Section 180 of the U.P. Tenancy Act merely by asserting that the mortgage consideration has been satisfied from the usufruct? and.