LAWS(ALL)-1984-5-2

RAMJEE PANDEY Vs. BOARD OF REVENUE

Decided On May 11, 1984
RAMJEE PANDEY Appellant
V/S
BOARD OF REVENUE Respondents

JUDGEMENT

(1.) This writ petition has been filed against the orders of the revenue courts whereby the application on behalf of the Stale of U. P. for setting aside the ex parte decree in favour of the petitioner has been allowed.

(2.) Necessary facts giving rise to the present writ petition are that the petitioner got the so-called ex parte decree on 15-6-1967. On 8-3-1972 Gaon Sabha had filed an application for setting aside the ex parte decree. The claim of Gaon Sabha has been negatived by all the revenue courts. On 14-7-1972 an application for setting aside the ex parte decree was moved on behalf of the State of U. P. with the allegations that the Government Counsel (Revenue) came to know about the decree dated 15-6-1967 in connection with the proceedings for setting aside the ex parte decree at the instance of Gaon Sabha hence the application for setting aside that decree on behalf of the State of U. P.

(3.) All the revenue courts have granted relief to opposite party No. 4 by setting asided the ex parte decree in favour of the petitioners, hence the petitioner has approached this Court under Article 226 of the Constitution.