S.N. Dwivedi, J. - (1.) Jagdish Prasad, the petitioner in this writ petition, instituted a suit in the Civil Court for the ejectment of Suraj Prasad, respondent no. 3, from an agricultural holding. The suit ultimately came to this Court in second appeal no. 621 of 1947 and this Court passed a decree in that appeal for the ejectment of the respondent no. 3 from the disputed holding. The decree was put into execution and possession was obtained by the petitioner sometime in April, 1953. Thereafter the respondent no. 3 made an application to the Assistant Collector, I class, under Sec. 232 of the U.P. Zamindari Abolition and Land Reforms Act for regaining possession over the disputed holding on the ground that his name was recorded as an occupant in the Khasra of 1356 Fasli and that he was, therefore, an adhivasi of the disputed holding. The Assistant Collector allowed the application and ordered his reinstatement to the holding.
(2.) The petitioner then went in appeal to the Additional Commissioner, who set aside the order of the Assistant Collector and dismissed the application for the reinstatement of the respondent no. 3.
(3.) The respondent no. 3 then went to the Board of Revenue in second appeal. The Board of Revenue after hearing the parties allowed the appeal of the respondent no. 3 and ordered that he should be restored to possession over the disputed holding.;