SHER ALI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition has been filed by a defendant-trespasser and it arises out of a suit under section 209 of the U. P. Zamindari Abolition and Land Reforms Act.

(2.) NECESSARY facts giving rise to the present writ petition are that the plaintiff claimed sirdari right in the disputed land and had alleged that the defendants were trespassers hence the suit for ejectment of the defendants and realisation of damages from them. The defendant-petitioner had denied the claim of the plaintiff and had claimed sirdari right in themselves and various other pleas were raised to negative the claim of the plaintiff in the land in dispute, as is evident from the issues framed in the case and mentioned in the judgment of the Trial Court.

(3.) SECOND contention raised on behalf of the petitioner before me is that the revenue courts have awarded damages without any basis in evidence and they have granted decree for a larger period than permissible under law, therefore, the decree for damages passed by the revenue courts suffer from patent errors of law and deserve to be quashed.