SHYAM SUNDER Vs. B.R.

JUDGEMENT

(1.) The present petition is directed against the judgement and decree dated 14.02.1989 passed by the Board of Revenue U.P. at Allahabad remitting the matter back to the first appellate court for fresh decision considering the oral evidence adduced by the parties. The petitioners herein are heirs of original plaintiff Smt. Ramdeiya who brought the suit for ejectment under Section 209 of U.P. Z.A. and L.R. Act namely Suit no.10 of 1968 (Smt. Ramdeiya v. Rangava Lal and another). The suit property comprises of plot no. 541 area 35 bighas 18 biswa, 374/1 bigha 4 biswa, 237 1 bigha 13 biswa and 166/16 bigha 18 biswa; total area of 53 bighas 14 biswa situated in village Itkhari, Pargana and Tehsil Karvi.

(2.) The plaint case was that the plaintiff was Bhumidhar of the suit property and the defendants had taken unlawful possession thereof since 1367 Fasli (F). The relief of ejectment and decree of damages against the defendants had been sought. The original defendants therein were Rangava Lal and his son Hari Shankar as defendant nos.1 and 2.

(3.) The suit was decreed on 27.09.1960. The matter went up till the second appellate stage when it was remanded for trial afresh impleading the State Government. After remand, apart from the State Government, Ajodhya Prasad and Kashi Prasad were impleaded as defendant nos.4 and 5.