PRABHU DAYAL Vs. BOARD OF REVENUE UTTAR PRADESH

JUDGEMENT

(1.) THIS writ petition has been directed against the judgment of late Sri H. N. Agarwal, I. A. S., Member Board of Revenue dated 17-8-1977. It arises out of proceedings under section 198 (4) of the UP ZA and LR Act.

(2.) THE petitioners had approached the trial court with the allegations that the lease in their favour was wrongly set aside on 31-8-71 in a summary proceeding under section 198 (2) of the UP ZA and LR Act. Due to cancellation of the sale deed through the order dated 31-8-71 there is cloud on the title of the lessees hence the suit.

(3.) AGAINST the judgment of the revisional court the learned counsel for the petitioners has contended before me that the revisional court has failed to notice Explanation I added to section 198 of the UP ZA and LR Act relevant for the purposes of the present case. He has emphasised that the law prevailing in the year 1970 would govern the facts and circumstances of the present case as the lease was cancelled in the year 1971.