R.H. Zaidi, J. - (1.) Heard learned counsel for the parties.
(2.) The present petition arises of a suit filed under section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, for short "the Act" by the petitioner and is directed against the judgment and order dated 10.2.1993 passed by the respondent No.l, The Board of Revenue, U.P., at Allahabad.
(3.) The relevant facts giving rise to the present petition, in brief, are, that the petitioners filed a suit for declaration under section 229-B of the Act claiming that they were in possession over the land in dispute for more than twelve years and that they had perfected their title over the land in dispute. The defendants were illegally threatening them to eject from the land in dispute hence the suit. The suit was contested by the defendants-respondents pleading that the land in dispute was the property of Gaon Sabha. It was also recorded as the property of Gaon Sabha during the consolidation proceedings and the petitioners did not file any objection in the proceedings. Therefore, the suit filed by the petitioners was barred under section 49 of the U.P. Consolidation of Holdings Act. On the pleadings of the parties the Trial Court framed necessary issues. Parties produced evidence, oral and documentary, in support of their cases. The Trial Court after perusing the material on the record dismissed the suit by judgment and decree dated 10.6.1985. Aggrieved by the said decree, the petitioners filed an appeal before the Commissioner. The Commissioner after hearing the parties reversed the findings recorded, by the Trial Court and allowed the appeal by his judgment and order dated 11.6.1987. Aggrieved by the order passed by the First Appellate Court, the contesting respondent filed second appeal before the Board of Revenue, U.P. Allahabad. The Board of Revenue has reversed the findings recorded by the Commissioner and allowed the appeal by its judgment and order dated 10.2.1993. Hence the present petition.;