BRAHMA Vs. BOARD OF REVENUE, U.P. ALLAHABAD AND ORS.
LAWS(ALL)-1985-1-77
HIGH COURT OF ALLAHABAD
Decided on January 31,1985

Brahma Appellant
VERSUS
Board Of Revenue, U.P. Allahabad And Ors. Respondents

JUDGEMENT

K.P. Singh, J. - (1.) This is a defendants' writ petition arising out of a suit under S. 229 -B read with S. 209 of the U.P. Zamindari Abolition and Land Reforms Act. Necessary facts giving rise to the present writ petition are that Ram Swarup, opposite party No. 9 in the present writ petition, was Bhumidhar of the disputed land. He executed an agreement to sell in favour of the plaintiffs opposite parties Nos. 6 to 8 in the present writ petition on 29 -8 -1977 and executed a sale deed on 7 -10 -1967 which was registered on 24 -1 -1969. It appears that the aforesaid Ram Swarup had also executed an agreement' to sell on 14 -6 -1967 in favour of the defendant petitioner Brahma and he executed a registered sale deed on 7 -11 -1967 in favour of the defendant petitioner. In the aforesaid circumstances the plaintiffs opposite parties had claimed Bhumidhari right in the disputed land and had also claimed relief of possession in the alternative.
(2.) The claim of the plaintiffs opposite parties has been contested by the defendant, petitioner on various grounds, namely that the defendant petitioner had become Bhumidhar of the disputed land in view of the provisions of S. 164 of the U.P.Z.A. and L.R. Act and that the defendant petitioner was not a trespasser, rather he was in possession in pursuance of the provisions of S. 53 -A of the T.P. Act and that unless sale in favour of the defendant was set aside, the plaintiffs could not get any relief in the suit and so on.
(3.) All the revenue courts have given judgments for the plaintiffs opposite parties. Aggrieved by their judgments the defendant petitioners has approached this court under Art. 226 of the Constitution.;


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