HARKISHAN Vs. LALLU

JUDGEMENT

(1.) This appeal arises out of order dtd. 2/3/2021 passed by learned Single Judge, whereby, writ petition under Article 226 of the Constitution of India filed by the appellants, has been dismissed.

(2.) Learned counsel for the appellants would submit that, though the Trial Court recorded specific finding of fact with regard to division of khatedari rights between predecessor of the appellants and the respondents, namely Partiya and Ramsahay based on entries made in khasra dtd. 6/7/1971 and 17/11/1972 by which 3/4th of the land in dispute was recorded in the name of Partiya and 1/4th of the land in dispute was recorded in the name of Lallu, the First Appellate Court, Board of Revenue and learned Single Judge all have ignored that the finding passed by learned Trial Court was based on revenue entries made in revenue records and only on presumption drawn on the basis of earlier records of jamabandi, it has been held that Partiya and Lallu were having equal khatedari rights.

(3.) We have gone through the orders passed by the Trial Court, the First Appellate Court, Board of Revenue and learned Single Judge.