PAHALWAN BEG Vs. MURAD BEG

JUDGEMENT

(1.) This review petition has been filed on behalf of Pahalwan Beg seeking review of he orders dated 15-3-1969 passed by Sri Y. N. Varma whereby he dismissed Second Appeal No. 227 of 1966-67 Jalaun, Pahalwan Beg Vs. Murad Beg .

(2.) The present plaintiff-applicant had filed a suit under Sec. 229-B of the U. P. Zamindari Abolition and Land Reforms Act claiming to be co-tenure holder along with the defendant-opposite party with a share to the extent of 15th and praying for a declaration accordingly. The defendant-opposite party contested that Pahalwan Beg was neither a co-sharer nor a co-tenure holder. It was further pleaded that as the matter had already been decided in an earlier suit under Sec. 176 of the U. P. Z. A. and L. R. Act in which it had been held by the appellate court in appeal that plaintiff had no right or share in the property in dispute, the judgement and decree of the lower appellate court in previous suit would operate as res judicata.

(3.) The trial court upheld the pleadings of the opposite party on the point of res judicata and dismissed the suit of the plaintiff. The plaintiff preferred an appeal to the learned Additional Collector (J) with appellate powers. The appellate court agreed with the finding of the trial court and dismissed the appeal of the plaintiff. The plaintiff then filed a second appeal before the Board. On 27-2-1969, the date on which the appeal had been fixed for hearing under Order XLI, Rule 11, C. P. C. the appellants counsel failed to appear. The learned Member, however, proceeded to decide the appeal on merits. Agreeing with the concurrent finding of the two courts below that the present suit was barred by res judicata, the Board dismissed the appeal on 15-3-1969. This review application is against Boards order dated 15-3-1969.