Decided on May 05,1955

Raghunath and Ors. Appellant
The Board of Revenue and Ors. Respondents


Mootham, C.J. - (1.) THIS petition came before us on the 22nd February last when we directed that the further hearing should stand over for one month to enable Learned Counsel for the Petitioners to obtain certified copies of certain orders which had been made by the revenue authorities and to apply to this Court, if he though fit, for amendment of the prayer to his petition. The requisite copies have now been obtained and on the 21st March, last the Petitioners filed an application for amendment of the prayer to their petition. That prayer we have allowed.
(2.) WE referred to the facts so far as they were known to in our order of the 21st February last. The position has been clarified by the further material which is now before us, and it is in the circumstances desirable to restate briefly the relevant facts. In the year 1935 Respondents Nos. 3 to 6, who are zamindars, filed a suit against one Ram Lakhan under Section 79 of the Agra Tenancy Act for his ejectment from 18 plots bearing the numbers 105, 273, 340, 360, 369, 798, 813, 829, 863, 973, 745, 753, 747, 912, 643, 878, 674 and 923. This suit was decreed on the 18th November, 1935, and on the 22nd November, 1936, these Respondents obtained possession of the 18 plots in suit is execution of their decree.
(3.) AFTER possession of these plots had be n obtained an objection to its legality was filed before the Tehsildar by Ram Lakhan, and this objection was upheld by the Tahsildar. Respondents Nos. 3 to 6 thereupon filed a petition in revision before the Additional Commissioner who referred the application to the Board of Revenue which, on the 20th November, 1941, allowed the application and set aside the order of the Tehsildar. In the meantime two things had happened. After Respondents Nos. 3 to 6 had obtained possession of the 18 plots they settled these plots with the present Petitioners, and secondly on the 19th December, 1939, they filed a second suit against Ram Lakhan for his ejectment, this time under Section 44 of the Agra Tenancy Act. This suit was decreed on the 26th March, 1940, but no proceedings in execution were instituted.;

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