KARTAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -

(2.) THIS writ petition is directed against the order dated 31-1-1976 of the District Judge, Kumaun, Nainital passed under section 9 of the U. P. Public Premises (Eviction of Unauthorised Occupants) Act, 1972 (hereinafter referred to as the Act).

(3.) THE learned counsel for the petitioners contended that the judgment passed in suit No. 22/1 of 1956 would operate as res-judicata in the present proceedings and the view to the contrary of the courts below is illegal. I find force in this contention of the learned counsel for the petitioners. One Singhara Singh had filed Suit No. 22/1 of 1956 in the Revenue Court under Section 59/180 of the U. P. Tenancy Act against the petitioners in which the State of U. P. was also impleaded as one of the defendants. THE suit was contested both by the petitioners as well as the State of U. P. In the written statement filed on behalf of the State of U. P. it was asserted that the petitioners were the tenants of the land in dispute and, therefore, the suit was liable to be dismissed. THE Assistant Collector, Kashipur who tried the suit dismissed it on 16-7-58 holding that the petitioners were the tenants of the land in dispute. Singhara Singh filed appeal to the Commissioner, Kumaun Division, Kumaun which was dismissed on 28-11-1958. THE second appeal filed against the order of the Commissioner was also dismissed by the Board of Revenue on 31-8-1961. Singhara Singh filed writ petition no. 3658 of 1961 in this Court which was allowed on 22-12-1965. However, the special appeal no. 44 of 1966 filed by the petitioners was allowed on 17-2-1971 and the order dated 22-12-1965 was set aside with the result the judgment passed by the Revenue Authorities dismissing the suit filed by Singhara Singh became final.