SIBGHAT Ullah Khan, J. - (1.) Heard learned counsel for the parties. These appeals were dismissed as abated on 10.01.1984, however the said orders were recalled on 08.02.1995.
(2.) THE legal question involved in these appeals is as to whether decree for partition of agricultural land under Section 176 of U.P.Z.A. and L.R. Act granted by the revenue court/ Sub-Divisional Officer and affirmed by Additional Commissioner and in second appeal by Board of Revenue, Allahabad can be questioned/ sought to be set aside by the civil court on the ground of fraud or any other ground. The partition decree by the revenue court/ S.D.O. was granted on 20.07.1964. First appeal filed against the same was dismissed by Additional Commissioner and thereafter second appeal was dismissed by Board of Revenue, Allahabad on 15.12.1968. However during pendency of second appeal before Board of Revenue, Allahabad, one of the suits challenging partition decree granted by the S.D.O. had been instituted in civil court in the form of O.S. No.435 of 1968 giving rise to the instant second appeals.
(3.) O .S. No.435 of 1968 was filed by Ram Nandan giving rise to the Second Appeal No.2145 of 1972. O. S. No.542 of 1968 was filed by Hari Nath giving rise to Second Appeal No.2151 of 1972. Both the suits were consolidated. Hari Nath is son of Ram Nandan. After the death of Ram Nandan, he was substituted as plaintiff in the other suit also. Both the suits were dismissed on 25.05.1971 by IV Additional Munsif, Varanasi. Against the said decrees two appeals were filed, i.e. Civil Appeal No.285 of 1971 and Civil Appeal No.306 of 1971. First A.D.J. Varanasi consolidated both the appeals and decided them through judgment and order dated 14.02.1972. Both the appeals were allowed. Judgments and decrees passed by the Munsif were set aside. Judgments and decrees passed by the revenue court were cancelled hence these second appeals.;