HABIBULLAH Vs. BOARD OF REVENUE, U P AT ALLD AND OTHERS
LAWS(ALL)-2018-4-431
HIGH COURT OF ALLAHABAD
Decided on April 04,2018

HABIBULLAH Appellant
VERSUS
Board Of Revenue, U P At Alld And Others Respondents

JUDGEMENT

Salil Kumar Rai, J. - (1.) Case has been called out in the revised list.
(2.) Sri S.M.N. Bokhari, Advocate representing respondent nos. 5 to 7 and Standing Counsel representing respondent nos. 1, 2, and 3 are present.
(3.) The facts of the case as evident from the records are that the petitioner instituted Case No. 454 of 1982 under Section 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') against respondent nos. 5 to 7 and certain other persons claiming that he had 1/4 share in the suit property. The aforesaid suit was decreed by the Trial Court i.e. the Assistant Collector, Class-I, District Mirzapur vide judgment and order dated 15.10.1988. The aforesaid judgment was passed by the Trial Court relying on some compromise entered into between the parties in Case No. 57(7) registered under Section 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953') wherein it was admitted by the respondents that petitioner had 1/4 share in the property which was subject of the aforesaid objections. Against the judgement and decree dated 15.10.1988 passed by the Appellate Court, respondent nos. 5 to 7 filed an appeal before respondent no. 3 which was registered as Appeal No. 2 and was allowed by respondent no. 3 vide his judgment and order dated 3.4.1989 and the judgment and decree dated 15.10.1988 passed by the Trial Court was set-aside. Against the judgment and order dated 3.4.1989 passed by respondent no. 3, the petitioner filed a second appeal before respondent no. 1 i.e. Board of Revenue registering Second Appeal No. 93 of 1988-89 which was dismissed by the Board of Revenue vide its judgment and order dated 30.9.2000. The judgments and order dated 30.9.2000 and 3.4.1989 passed by respondent nos. 1 and 3, respectively have been challenged in the present writ petition.;


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