HAJI SANAULLAH Vs. SHAMSHUL HUDA

JUDGEMENT

(1.) THE facts as appear from the record are: Shamshul Huda institutes a lawsuit under Section 229 -B Z.A. & L.R. Act in the court of Assistant Collector, First Class, Soraon, District Allahabad. He pleads suit land is trailing down from common ancestor - -his and of defendants 1 to 7 and defendants 9 and 10. The relief of a declaration that he is co -bhumidhar tenant in possession with defendants is prayed for. The contesting defendant Sanaullah repudiates averring land is not ancestral. The tenure is acquisition of Mohd Raza - -recorded and in possession. They are bona fide purchasers for value in good faith. The relief to dismiss the suit is prayed for. On 4.3.1967 the suit is decreed. Appeal by defendant Sanaullah ends in dismissal on 5.7.1968. Second Appeal. On 22.7.1969 the appeal is allowed; the orders and decree of two courts below are set aside. The suit of Shamshul Huda is dismissed with cost. No writ petition in Hon'ble High Court. The last order becomes final and conclusive between the parties.

(2.) BUT fitful attempts continue to up -turn the order of Board of Revenue dated 22.7.1969. First, a restoration by Badrudduja, respondent No. 2 in second appeal, on 8.12.1969. He lives in Pakistan and came out with the story that he was formerly living in Mohalla Raja Sultan, Rawalpindi but has changed his address to live in a house in Satellite Town, Rawalpindi. He prayed ex -parte decree dated 22.7.1969 be set aside. On 14.5.1970 his restoration is dismissed. That is one aspect of truth.

(3.) THE restoration is presented and has been allowed by Hon'ble predecessor by order dated 30.3.1996. In consequence final order of Board of Revenue dated 22.7.1969 goes under.