RAGHUBIR Vs. BOARD OF REVENUE U P ALLAHABAD

JUDGEMENT

(1.) This is a petition under Articles 226 and 227 of the Constitution praying for the quashing of the judgments of the Additional Commissioner dated 29-11-1957, and of the Board of Revenue dated 15-4-1958. It is further prayed that the judgment of the Judicial Officer which was against the petitioner may similarly be quashed.

(2.) The petitioner filed a suit under Sections 176, 229C and 209 of the U. P. Zamindari Abolition and Land Reforms Act praying that he be declared to be a co-tenant of the plots in dispute along with the fourth respondent Sri Kishan and that, if necessary, he may be awarded possession over his share of the plots. The case of the petitioner was that he had first become a co-tenant along with one Sri Ram, a previous tenant of these plots; and subsequently he became a co-tenant with the respondent No. 4. All the three revenue Courts have held that the petitioner was not entitled to the reliefs claimed.

(3.) The Commissioner has given a clear and categorical finding that in the year 1950 the petitioner entered into an agreement with respondent No. 4, as a result of which he relinquished whatever rights he had in the plots and since then the fourth respondent became the sole tenant of the plots.