DUKHI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) THIS order shall govern Special Appeals Nos. 385 and 532 of 1969 in which common questions of law are involved. Both the writ petitions were heard together and decided by one judgment.

(2.) THE material facts of the case are that the Gaon Sabha of village Mahuwa Kothi applied to the Collector under Section 212 -A of the U.P. Zamindari Abolition and Land Reforms Act for the ejectment of the Petitioners on the ground that the land was of public utility and they had been admitted as tenants thereof after the 8th of August, 1946. Under the amended provisions the Gaon Sabha had two alternative remedies one by way of a suit under Section 212 and the other by making an application under Section 212 -A. The latter section provides for a summary procedure leaving it open for the party against whom an order of ejectment is passed to institute a suit to establish his rights. The applications under Section 212 -A were allowed and an order of ejectment was passed on 26 -12 -1958. No application for execution was made within a period of one year. Such applications were made within three years period.

(3.) THE dispossession of the Petitioners was challenged in revision on two grounds firstly that the execution application was barred by limitation and, secondly, that delivery of possession before the 15th of April was irregular. The Additional Commissioner made a reference to the Board of Revenue but the Board of Revenue did not accept his views and rejected the reference. The Petitioners then challenged the orders of the Board of Revenue by way of writ petitions under Article 226 of the Constitution which met with the same fate, and these special appeals are by the Petitioners in which similar points have been raised.