RAM RAJ Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition arises out of a suit for declaration under Sec. 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (for short, 'the Act of 1950') with an alternate prayer for possession, if upon trial possession of the plaintiff and defendant No. 2 be not established. By the judgments and decree impugned, passed concurrently by the three Courts below, the suit has been dismissed as not maintainable, the suit property being held not to be 'land' within the meaning of Sec. 3(14) of the Act of 1950.

(2.) Before proceeding with this judgment, we must take note of the course of proceedings here, which show that by a judgment and order dtd. 14/12/2005, the writ petition was allowed with a remand to the Assistant Collector, respondent No. 3, to decide Issue No. 4 himself in accordance with the provisions of Sec. 331-A of the Act of 1950.

(3.) A recall application on behalf of the heirs and LRs of respondent No. 9 was filed along with a delay condona-tion application, bearing C.M. Recall No. 34408 of 2006 and C.M. Delay Con-donation Application No. 34411 of 2006 with a case that when judgment was passed on 14/12/2005, the petitioner was long dead and his heirs and LRs had not been brought on record, rendering the judgment void. Respondent Nos. 7 and 9 also died pending the writ petition and their heirs and LRs too had not been substituted. The recall application along with the delay condonation application sought recall of the judgment and order dtd. 14/12/2005 and abatement of the writ petition. Pending the recall applica-tion, an application for substitution of the heirs and LRs of the deceased peti-tioner, Ram Raj, being petitioner Nos. 1/1, 1/2 and 1/3, was allowed vide or-der dtd. 4/12/2006. It also needs notice that respondent No. 7 is also dead and so also respondent Nos. 8 and 9. Their heirs and LRs have been substituted much earlier.