THAKUR PRASAD Vs. KISHORA OPPOSITE PARTY

JUDGEMENT

(1.) THIS revision has come to us on a reference made by a learned single Judge of this Court.

(2.) SMT . Kishora (hereafter to be called, the opposite party) filed a suit under Section 176 of the U. P. Zamindari Abolition and Land Reforms Act (hereafter to be called the Act), in the Court of Munsif Allahabad in the year 1955, for partition of Bhumidhari and Sirdari Plots, against Thakur Prasad (hereafter to be called the applicant). The suit was decided on 31st July 1961 and a preliminary decree for partition was passed in favour of the opposite party. An appeal filed against that decree was dismissed by Civil Judge, Allahabad on 8th May 1962 and the second appeal filed in this Court was dismissed on 28th of August 1968. Thereafter, on 30th of November 1971, the opposite party filed an application in the Court of Munsif Allahabad for preparation of final decree. Relying on a decision of this Court in the case Balbodh v. Mahabir, (1970 All LJ 1145), the Munsif Allahabad came to the conclusion that the preliminary decree obtained by the opposite party was without jurisdiction and not executable. The application for preparation of final decree was, therefore, rejected. Against that order the opposite party filed a civil revision in the Court of District Judge, Allahabad. The revision came up for hearing before the II Additional District Judge and he vide his judgment dated 27th March 1972 allowed the same and directed the Munsif to proceed according to law with the preparation of the final decree. Aggrieved against the aforesaid order, the applicant filed the present revision.

(3.) AS before the learned single Judge, it was pressed before us, as well, on behalf of the applicant that after the commencement of the U. P. Land Reforms (Amendment) Act, 1958 (Act No. XXXVII of 1958), no jurisdiction was at all left with the Civil Court to pass a final decree, and consequently the order passed by the II Additional District Judge was erroneous.