RAM SUKH Vs. SURAJ PAL

JUDGEMENT

(1.) THIS writ petition under Article 226 of the Constitution of India has been directed against the judgment of Sri B. K. Tandon, I.A.S. Member, Board of Revenue, dated 17-2-1978 whereby the two second appeals were decided and the claim of opposite parties no. 1 to 4 in the present writ petition has been accepted.

(2.) OPPOSITE parties nos. 1 to 4 in the present writ petition are legal representatives of Smt. Ram Jiyaee who had filed an objection under section 240 (g) of the U. P. Zamindari Abolition and Land Reforms Act and had claimed several plots as her tenancy and had prayed for correction of the compensation roll in respect of the disputed plots. The petitioners had contested the claim of Smt. Ram Jiyaee and had asserted that they had acquired Adhivasi and Sirdari rights in the disputed plots. The trial court through Annexure I attached with the writ petition had partly accepted the claim of the objector Smt. Ram Jiyaee and had rejected her claim in respect of some disputed plots. Aggrieved by the judgment of the trial court the petitioners as well as the contesting opposite parties preferred appeals which were allowed by the lower appellate court through its judgment dated 20-9-1972 contained in Annexure II attached with the writ petition. Aggrieved by the judgment of the first appellate court the contesting opposite parties Suraj Pal and others had preferred two appeals which were decided in their favour through the judgment of the learned Member, Board of Revenue, dated 17-2-1978. Against the judgment of the second appellate court, the petitioners have approached this Court by means of the above noted writ petition.

(3.) I have examined the contentions raised on behalf of the parties. I think that the present writ petition is devoid of merits and deserves dismissal.