MITHLESH KUMARI Vs. GAON SABHA KISHANPUR

JUDGEMENT

(1.) The petitioners seek a writ of certiorari quashing the orders passed by respondents Nos. 2, 4 and 5 whereby the prayer of the petitioners to decide certain issues as preliminary issues before deciding the suit was rejected.

(2.) The Collector, Shahjahanpur filed a suit under Section 229-B/209 of U.P. Zamindari Abolition and Land Reforms Act on behalf of the Gaon Sabha alleging that the land belonged to the Gaon Sabha and the petitioners have no right over the land in dispute and if they are found in possession, they may be evicted.

(3.) The petitioners filed written-statement and claimed that they have a right over the land in dispute. It was further alleged that during consolidation proceedings the plaintiff could raise an objection in regard to the title and right over the land in dispute and such objection having not raised, the claim of the plaintiff-respondent was barred under Section 49 of U.P. Consolidation of Holdings Act (hereinafter referred to as the Act). It was further pleaded that the Collector had no power to institute the suit on behalf of the Gaon Sabha.