1988 INSC 0443
                                                Chhedi and Another

                                                           Vs

                                                Jagannath and Others

                                          Civil Appeal No. 480 of 1992

                                                (Ranganath Misra JJ)

                                                      04.08.1988

                                                     JUDGMENT

RANGANATH MISRA, J. ­

1. 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. Zamindari Abolition and Land Reforms Act dated September 17,
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 examinig the acceptability of the plea and the validity of the alleged
surrender.

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

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