Santosh And Another vs Board Of Revenue , Circuit Court ...
2021 Latest Caselaw 9185 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 9
 

 
Case :- WRIT - B No. - 1481 of 2020
 

 
Petitioner :- Santosh And Another
 
Respondent :- Board Of Revenue , Circuit Court Meerut And 12 Others
 
Counsel for Petitioner :- Rekha Pundir
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Salil Kumar Rai,J.

The present writ petition has been filed by the petitioners challenging the orders passed by the revenue authorities in proceedings registered under Section 34 of the U.P Land Revenue Act, 1901.

The dispute between the parties relates to the Wills executed by one Chhatar Singh in 1980 and 1982. Chhatar Singh was the original tenure holder of the disputed property. The petitioners claim title to the disputed property on the basis of Will allegedly executed in 1980 while the opposite party claims title to the property of deceased Chhatar Singh on the basis of a Will executed in 1982.

The revenue courts have rejected the claim of the petitioners on the ground that the Will executed by Chhatar Singh in 1982 was found to be valid by the Civil Court it its judgment dated 31.5.1996 in Appeal No. 97 of 1992. The petitioners claim that during the consolidation proceedings in the village, the Consolidation Officer vide his order dated 31.12.1987 had decided in favour of the petitioners and therefore, the dispute between the petitioners and the opposite party regarding the Wills executed in 1980 and 1982 was barred by the principle of res-judicata.

It appears from the records that the questions regarding res-judicata were either not pressed or rejected by the Civil Appellate Court which in its judgment dated 31.5.1996 decided in favour of the Will executed in 1982.

In light of the aforesaid, there is no illegality in the impugned orders passed by the revenue courts.

The writ petition lacks merit and is dismissed.

Order Date :- 30.7.2021

IB