- (1.) Heard Sri Atul Sharma, learned Counsel for the petitioner, Sri G.S.D. Mishra, learned Counsel for the respondent Nos. 2 and 3, the learned Standing Counsel for the respondent Nos. 1 and 4 and the learned Counsel for the respondent Nos. 5 and 6.
(2.) This petition arises out of proceedings in a suit filed by the predecessors of the respondent Nos. 2 and 3 under sections 176/229-B of the U.P.Z.A. and L.R. Act, 1950. The suit was dismissed. The respondents preferred an appeal, which was also dismissed. On second appeal filed before the Board of Revenue, the judgment and decrees of the Trial Court and the first Appellate Court have been set aside and the matter has been remitted back to the Trial Court for decision afresh.
(3.) The ground taken by the Board of Revenue for remitting the matter is that a sale-deed dated 19th January, 1940 had been produced and in view of the recital contained therein, the said piece of evidence was required to be considered for which it was necessary to remit the matter to the Trial Court.;