BARFI Vs. BOARD OF REVENUE U.P., ALLAHABAD AND OTHERS
LAWS(ALL)-1987-5-95
HIGH COURT OF ALLAHABAD
Decided on May 04,1987

Barfi Appellant
VERSUS
Board Of Revenue U.P., Allahabad And Others Respondents

JUDGEMENT

R.P. Singh, J. - (1.) By means of this writ petition under Article 226 of the Constitution of India, the petitioner has challenged the order passed by the Board of Revenue dated 30-1-1985.
(2.) This writ petition arises out of a suit filed by the petitioner under Section 229-B/176 of U.P.Z.A. & L.R. Act claiming 1/4th share in the land in dispute with the allegation that Pirthi had four sons, namely, Daroga and respondents No. 2, 3 and 4. The petitioner's case is that she is widow of Dargoa and entitled to l/4th share in the property in dispute and that after the death of her husband Daroga, the other brothers of Daroga, namely, respondents No. 2, 3 and 4, had been giving assurance to the petitioner that her name would also be recorded in the revenue papers, but when ultimately her name was not recorded and the respondents No. 2, 3 and 4 started ill treating and harassing her then she filed the present suit for claiming 1/4th share in the land in dispute.
(3.) The contesting respondents No. 2, 3 and 4 contested the suit filed by the petitioner with the allegation that after the death of her husband Daroga, the petitioner, Smt. Barfi, entered into a 'karav' marriage with Ziley, respondent No. 4, and hence she lost her right as widow of Daroga and was not entitled to any share in the land in dispute. It was also contested that the present suit was not maintainable and claim of the petitioner was barred by estoppel.;


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