Kanchan Lal S o Sita Ram, Ram Kishan and Babu Ram have filed the present appeal by obtaining Special Leave from this Court.
This application was dismissed by the Consolidation Officer and appeal filed against it was also dismissed.
The objections filed by Gopal Narain and Tula Ram were companytested by the newly inducted tenants Sita Ram, Ram Kishan and Babu Ram.
The above companytention raised by the petitioners in the writ petition was number accepted by the Learned Judge and the writ petition was dismissed on 23rd May, 1978.
367 of 1967 dated 23rd April, 1971.
Gopal Narain and Tula Ram, in the meantime, filed two suits for ejectment of Sita Ram, Ram Kishan and Babu Ram under Section 202 of Zamindari Abolition and Land Reforms Act, 1951.
We have heard learned Counsel for the parties at great length.
Gopal Narain and Tula Ram then filed Second Appeals Nos.
Admittedly, the above Judgment of the High Court has become final between the parties.
Before the Learned Single Judge an argument was raised that the Board of Revenue companymitted an error in decreeing the suits of the plaintiffs as the defendant petitioners had become Asami on 1st July, 1952 by operation of law, and the plaintiffs having failed to institute a suit within one year, the present suits filed in 1966 were barred by time.
Rani Chauhan as back as 14th July, 1943.
Gopal Narain and Tula Ram then started proceedings for their reinstatement over the land as early as in 1947 and these were finally decided by a Division Bench of the High Court in 1971 that they were dispossessed by companyrcion by Smt.
The revision was, therefore, stayed and the application filed by Gopal Narain and Tula Ram under Section 27 2 of U.P. Act X of 1947 was held to have abated.
Appeal filed against the order of the Revenue Officer was also dismissed by the Additional Commissioner, Allahabad.
Rani Chauhan on 9th December, 1944.
154, 171 and 177 in Village Fatehpur Rai Saheb, Pargana Bhojpur, District Farrukhabad.
390/310 of 1974 75 in the Board of Revenue.
Both the suits were dismissed by Revenue Officer by order dated 31st May, 1973.
Shrimati Rani Chauhan was landholder of these plots.
Gopal Narain and Tula Ram in these circumstances filed objections before the Consolidation authorities companytending that they were hereditary tenants of the land in disputes and the surrender of land having secured from them by Smt.
In the aforesaid decision, it was held that Gopal Narain and Tula Ram had been dispossessed by companyrcion and as such were entitled to reinstatement.
The reference companyld number be decided by the Board of Revenue as the village where the land in question was situated came under operation of companysolidation proceedings.
The Board of Revenue by a companymon Judgment allowed both the appeals, set aside the orders passed by the Learned Additional Commissioner and the Trial Court and gave a direction that the defendants shall be ejected from the land in dispute and possession shall be delivered to the plaintiffs appellants.
Rani Chauhan and were entitled to reinstatement.
This litigation has a long chequed history, but we narrate the brief facts which are necessary for the disposal of this appeal.
A revision filed by Gopal Narain and Tula Ram before the Additional Commissioner was referred to the Board of Revenue.
These proceedings were finally decided in favour of Gopal Narain and Tula Ram by a decision of Division Bench of Allahabad High Court in Special Appeal No.
Aggrieved against the Judgment of the Board of Revenue, Ram Kishan, Babu Ram and Kanchan Lal S o Sita Ram since deceased filed a writ petition in the High Court.
Soon thereafter, the present petitioners were inducted as tenants by Smt.
She obtained surrender of these plots by companyrcion on 14th September, 1943 from the aforementioned Gopal Narain and Tula Ram.
Rani Chauhan by means of companyrcion, they were entitled to reinstatement.
Gopal Narain and Tula Ram were tenants of agricultural plots Nos.
Kasliwal, J. This appeal by Special Leave is directed against the Judgment of the Allahabad High Court dated 23rd May, 1978.
