AKHTAR HUSSAIN Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS is a defendants' writ petition against the order of Sri D. P. Varun, I. A. S., Member Board of Revenue (Camp Bareilly) dt. 29-12-1978 whereby the revision petitions preferred by the defendant-petitioners have been dismissed.

(2.) THE defendant-petitioners had taken a plea in the suit filed by the plaintiff-opposite parties to the effect that the suits were barred by the provisions of section 49 of the U. P. Consolidation of Holdings Act. THE defendants' plea was rejected by the trial court through its order dated 14-7-1974 contained in Annexure ' 1 ' attached with the writ petition. THE revision petitions preferred by the defendants were recommended to be allowed by the Additional Commissioner through his judgment dated 6-1-1977 (see Annexure ' 2 ') attached with the writ petition THE learned Board of Revenue has disagreed with the recommendation and has dismissed the references through his order dated 29-12-1978. Against the order of the learned Member dated 29-12-1978 the petitioners have approached this Court under Article 226 of the Constitution.

(3.) IN Major S. S. Khanna v. Brig. F. J. Dillon, AIR 1964 SC 497 their Lordships of the Supreme Court have made the following observations :-