PARWAN Vs. U P BOARD OF REVENUE

JUDGEMENT

(1.) THIS writ petition has come up before us for disposal upon a reference made by Mr. Justice R. M. Sahai.

(2.) THE question raised in this case is of considerable importance. It relates to the applicability of section 8 of the Limitation Act 1963 for a suit instituted under section 229-B read with section 209 of the UP ZA and LR Act no. 1 of 1951 (Act for short).

(3.) THE petitioner has now moved this court under Article 226 of the Constitution challenging the decision of the Board of Revenue. Before the learned Single Judge it was urged that the view taken by the Board of Revenue is quite contrary to the Full Bench decision of this Court in Shitla Prasad v. Bans Bahaore, 1974 ALJ 181 and also the decision in Onkar Nath Dubey v. Deputy Director of Consolidation, 1977 AWC 78. THEre were also other decisions cited before the learned Single Judge to sustain the suit. It was urged that the petitioner has got a right to institute the suit within six years after he attained majority. THE learned Judge found it difficult to agree with the contention. So he has referred the case for disposal by a Division Bench.