RAM NAGINA Vs. BORAD OF REVENUE

JUDGEMENT

(1.) Heard Sri Satendra Pratap Singh, learned counsel for the petitioner and Sri Abhishek Kumar Srivastava, learned Addl. C.S.C. for the state-respondents.

(2.) Brief facts of the case are that suit under Sec. 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "U.P. Z.A. and L.R. Act), filed by the petitioner was decided on the basis of compromise deed dtd. 9/6/1969 vide compromise decree dtd. 18/6/1969. Against the compromise decree dtd. 18/6/1969, a timebarred restoration application dtd. 20/6/1970 was filed by Smt. Indrashini, claiming therein that Mangru had died, her legal heir is Smt. Indranshini and the compromise has been filed in fraudulent manner, as such, the compromise decree be set aside. The trial court vide order dtd. 28/10/1974 allowed the restoration application filed by Smt. Indrashini, setting aside the compromise decree dtd. 18/6/1969 and restored the suit under Sec. 229-B of the U.P. Z.A. and L.R. Act on its original number. Against the order dtd. 28/10/1974 passed by the trial court/Assistant Collector, 1st Class, Ballia, revision was filed on behalf of the petitioner before the Commissioner which was registered as Revision No. 61/1974. The aforementioned revision was heard by the Addl. Commissioner, Varanasi Division, Varanasi and vide order dtd. 30/1/1975, reference was sent before the Board of Revenue for dismissal of the revision as well as par- ties were directed to file objection in accordance with law. The reference was registered as Reference No. 440/1975-76 before the Board of Revenue, U.P. at Allahabad. Petitioners have filed their objection before the Board of Revenue. The aforementioned reference/revision was heard and rejected vide order dtd. 13/12/1983, hence this writ petition for the following relief:-

(3.) This Court admitted the writ petition and stayed the further proceeding of suit vide order dtd. 10/7/1984. In pursuance of the order dtd. 10/7/1984, parties have exchanged their affidavits.