RAM KUMAR & OTHERS Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Pradeep Mishra, for the petitioners and Sri Sanjeev Singh along with Sri Maqsood Ahmad Beg, for the contesting respondent-1.

(2.) The writ petition has been filed against orders of Additional Commissioner dated 19.01.1978, allowing the appeal of Jittu (now represented by respondent-1) and dismissing the suit of the petitioners under Section 180/183 of U.P. Tenancy Act, 1939, as time barred, holding that the petitioners-plaintiffs were not entitled to benefit of Section 14 of Limitation Act, 1963 and Board of Revenue, U.P. dated 03.02.1978 dismissing their second appeal, filed against aforesaid order.

(3.) The dispute between the parties relates to plots 37 (area 0.16 acre) and 38/2 (area 0.03 acre) (total area 0.19 acre) situated at mohalla Misirpur, pargana Haweli, district Jaunpur. Earlier there was a dispute in respect of the possession over disputed land between Ram Kumar and others (the petitioners) on one side and Jittu on the other side. Due to apprehension of breach of peace in relation to possession over disputed land, the proceeding under Section 145 Cr.P.C. was initiated, in which, it was attached on 13.12.1954. Sub Divisional Magistrate, by his order dated 16.05.1955, held that on the date of passing preliminary order, Jittu was in possession of the disputed land and restored his possession over it.