1980 INSC 0192
                                                 Puran and Another

                                                           Vs

                                            Niranjan Singh and Others

                                           Malkhan Singh and Another

                                                           Vs

                                           Board of Revenue and Others

                               Civil Appeals Nos. 1516 of 1970 and 19 of 1974

                                     (Syed M. Fazal Ali, P. S. Kailasam JJ)

                                                      17.04.1980

                                                     JUDGMENT

FAZAL ALI, J. ­

1. We have heard counsel for the parties and have gone through the judgment not only of the Single
Judge of the High Court but also of almost seven courts namely the Revenue Courts as well as the
Consolidation Courts who have held that the respondent was the bhoomidar.

2. Mr. Yogeshwar Prasad raised a question of limitation which had also been decided against him by
the Revenue Court and fully endorsed by the Single Judge who has given cogent reasons. The
Single Judge has observed as follows :

                  And in all three of the impugned judgments the revenue courts have clearly held that
                  Niranjan Singh remained in possession throughout until the land was attached, and
                  that Malkhan Singh and Pooran Singh did not get possession until the Section 145
                  case was decided in their favour on March 6, 1953.

3. This was not a case in which the High Court ought to have given the certificate of fitness for
appeal in this Court. There is no merit in these appeals which are accordingly dismissed with no
order as to costs.

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