Supreme CourtDivision Bench(1988) 08 SC CK 0002

Chhedi and Another vs Jagannath and Others

Supreme Court Of India · Decided on 4 August 1988 · Citation: (1988) 3 JT 284 : (1988) 2 SCALE 305 : (1989) 1 SCC 373 Supp : (1988) 2 UJ 317

HON’BLE JUDGES
Ranganath Misra, J · M. N. Venkatachaliah, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No. 480 of 1992

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Judgment

4 paragraphs · 183 words

Ranganath Misra, J.—This appeal is by special leave. The order of the Allahabad High Court in a writ petition arising out of proceedings under the U.P. Zamidari Abolition and Land Reforms Act dated 17th September, 1981 is assailed.

2.

By the impugned order, the Allahabad High Court set aside the decision of the Member, Board of Revenue and remitted the dispute to the original forum on two aspects, namely, adverse possession of the appellants and the plea of surrender by Mst. Janki.

3.

The matter was heard at length and ultimately both the parties agreed that the order of remand need not be interfered with but the scope of the remand should be limited to the question of surrender and the question of adverse possession need not be reinvestigated. We accordingly dispose of the appeal by sustaining the order of the High Court directing remand but confine the scope of remand to the question of examining the acceptability of the plea and the validity of the alleged surrender.

4.

The appeal in disposed of with this direction and without any order for costs.