SHAMBHU Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Amish Srivastava, learned counsel for the petitioners and the learned standing counsel for the state- respondents.

(2.) Nobody is present on behalf of the private respondents.

(3.) Brief facts of the case are that the 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) was filed by the private respondent for declaration of co-sirdari rights, claiming 2/3rd share, alleging that the defendants (petitioners' father) had 1/3rd share in respect to plot Nos. 184/1 and 184/2 (new No. 267/146), situated in Village Malikshahpur, Pargana-Saidpur, District Ghazipur. The aforementioned suit was contested by the petitioners' father, alleging that suit is barred by Sec. 49 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "U.P.C.H. Act"). It is also alleged in the written statement that no objection was filed by the petitioners' predecessor during consolidation operation and petitioners were recorded exclusively as Sirdar during consolidation operation. Before the trial court, issues were framed and the parties have adduced evidence in support of the their case. The trial court vide judgment and decree dtd. 2/8/1969, dismissed the plaintiff's suit, recording finding of fact that plaintiffs are not entitled to be recorded as co-tenure holder over the plot in question. Against the judgment and decree of the trial court dtd. 2/8/1969, appeal was filed before the Commissioner which was registered as Appeal No. 245 of 1969. The aforementioned appeal was heard by the Additional Commissioner, Varanasi Division, Varanasi and the same was allowed vide judgment and decree dtd. 22/10/1971, setting aside the judgment/decree of the trial court as well as the suit filed by the plaintiffs was decreed. The second appeal filed by the petitioners before the Board of Revenue has been dismissed vide judgment dtd. 30/6/1978. Hence, this writ petition on behalf of the petitioners for the following reliefs:-