BISHESWAR MISRA Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS writ petition arises out of a suit under section 60/180 of the U. P. Tenancy Act. Aggrived by the judgments of the appellate courts the plaintiffs have approached this Court under Article 226 of the Constitution.

(2.) BRIEF facts giving rise to the present writ petition are that the plaintiffs along with husband of defendant no. 1 were sir holders of the disputed land. It has -been alleged that the defendant no. 2 got sale deeds executed by the husband of defendant no. 1 regarding the disputed land and had started claiming right and title to the area purchased by him, therefore, the necessity for the suit under section 60/180 of the U. P. Tenancy Act arose to the plaintiffs.

(3.) THE claim of the plaintiffs was contested by the defendant no. 2 with the allegations that the plaintiffs had no concern with the disputed land and that the defendant no. 2 was sir holder of the area purchased and mentioned in Schedule 'D' of the plaint and that the suit was barred by limitation and that the suit was not maintainable under section 60/180 of the U. P. Tenancy Act and that the revenue courts had no jurisdiction to try the suit and various other pleas were taken to negative the claim of the plaintiffs. The issues framed in the judgment of the Trial court would indicate the nature of the pleas raised by the contesting defendant.