KALAWA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Shri Ashok Kumar Singh, counsel for the petitioners.

(2.) The facts of the case are that Ram Swaroop i.e. the predecessor of respondent nos.4, 5 & 6 filed Original Suit No.74 under Section 229-B of the U.P.Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as Act, 1950) praying for a decree declaring him to be the Bhumidar of the suit property which was Plot No.168 (area 1 Bigha 6 Biswa). The suit was filed against the petitioners. The petitioners are descendents of one Pooran who was the brother of Ram Swaroop. In the plaint it was alleged that the plaintiff and Pooran were initially co-tenure holders of Plot Nos. 163 (1 Bigha 8 Biswa) and Plot No.168, i.e., the suit property and as a result of a family settlement between them, the plots were divided and Plot No.168 was given in the share of the plaintiff while Plot No.163 came in the share of Pooran.

(3.) The petitioners filed their written statements denying the averments made in the plaint, and pleaded that there was no partition or family settlement between Ram Swaroop and Pooran and they were co-tenure holders of the suit property as well as Plot No.163 having equal share in the same.