LAWS(ALL)-1984-5-38

BHUREY Vs. BOARD OF REVENUE U P

Decided On May 18, 1984
BHUREY Appellant
V/S
BOARD OF REVENNE U. P. AT ALLAHABAD Respondents

JUDGEMENT

(1.) THIS is a plaintiff's writ petition against the judgment of the Second Appellate Court dated 6-2-1978 in Second Appeal No. 3 of 1971-72 (Muzaffarnagar) Bhurey and another v. Phool Singh and others.

(2.) THE plaintiff-petitioner no. 1 had approached the Trial Court with the allegations that the tenure-holder Phool Singh had executed a lease dated 6-11-1965 in his favour and since then he had been in possession over the disputed land. THErefore, he acquired sirdari right in the disputed land and the right and interest of Phool Singh became extinct in the disputed land.

(3.) THE learned counsel for the petitioner has contended before me that the tenure-holder Phool Singh executed an invalid lease in favour of the petitioner no. 1, hence the right and title of the tenure-holder became extinct in the disputed land and the petitioner no. 1 acquired sirdari right in the disputed land.