NANDEY Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS is a defendant's writ petition arising out of a suit for ejectment under Sec. 209 of the U. P. Zamindari Abolition and Land Reforms Act filed by the plaintiffs-opposite parties. All the revenue courts have decreed the plaintiff's suit. Aggrieved by their judgments the defendant-petitioner has approached this court under Article 226 of the Constitution. One of the grounds in the writ petition is that the relief claimed in the suit was regarding demolition of a construction over the disputed land. Therefore, the revenue courts had no jurisdiction to grant the aforesaid relief.

(2.) I have gone through the judgments attached with the writ petition. I find that the second appellate court has made the following observation in its judgment dated 23-9-1972 vide para 5

(3.) IN my opinion the contentions raised on behalf of the petitioner are well founded. IN 1968 AWR 731 Ram Awalamb v. Jata Shankar a Full Bench of this Court has observed as below :