CH. MOHD. MUSHIR AHMAD KHAN AND OTHERS Vs. BOARD OF REVENUE, U.P. ALLAHABAD AND OTHERS
LAWS(ALL)-1958-8-32
HIGH COURT OF ALLAHABAD
Decided on August 13,1958

Ch. Mohd. Mushir Ahmad Khan And Others Appellant
VERSUS
Board Of Revenue, U.P. Allahabad And Others Respondents

JUDGEMENT

R. Dayal, J. - (1.) These are petition under Articles 226 and 227 of the Constitution challenging the validity of an order of the Board of Revenue. The circumstances in which the petitions have been filed are these.
(2.) In 1944, the petitioners filed five suits under Secs. 175 and 179 of the U.P. Tenancy Act, 1939, hereafter called the Act, for the ejectment respectively of the defendant-respondent from certain plots of land on the allegation that the petitioners were sirdars of the plots and these respondents were their tenants. The suits were contested, the defendant in each case alleging, inter alia, that he was the hereditary tenant of the plots in suit.
(3.) On the 14th April, 1945, the trial court decided the suits in favour of the petitioners and passed decrees for the ejectment of the defendant-respondents. Those decrees were put into execution and in 1945 the petitioners obtained possession of the plots. The petitioners have continued in possession of the plots which had been in the occupation of the defendant Kehari, but they let out the plots which had been in the possession of the other defendants to other persons (who were not parties to the proceedings in the revenue courts and are not parties to these petitions) and these tenants were recorded as occupants of the plots in 1356 Fasli.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.