NAVIN SINHA,J. - (1.) Delay in SLP(C)....(CC) No. 21194 of 2015 is condoned. Leave granted in both special leave petitions.
(2.) The challenge in these two appeals, is to the order dated 7.08.2013 allowing W.P. (M/S) No. 1209 of 2002 preferred by the Respondent, and the order dated 23.07.2015 dismissing MCC No. 554 of 2013 for recall of the same, preferred by the Appellants who were the Respondents in the writ petition.
(3.) The Appellants and Respondent no.1, as plaintiffs, together filed Revenue Suit No. 22/15 of 1987-88 under Section 229(B) of the Uttar Pradesh Zamindari Abolition and Land Reforms Act (hereinafter referred to as "U.P.Z.A.L.R. Act") for declaration of bhumidari rights in respect of the suit lands against Omprakash and Balraj Singh. The suit was decreed on 18.04.1991 by the Assistant Collector, declaring them to be joint bhumidhars of the suit lands. Appeal No. 150/98 of 1990-91 preferred against the same was dismissed on 24.03.1993 by the Additional Commissioner. In Suit No. 22/108 of 1991-92 preferred by the Respondent under Section 176 of the U.P.Z.A.L.R. Act for a partition and declaration of his share, he was held entitled to 1/10th share only by the Assistant Collector on 26.04.1995. Pursuant to an order of remand by the Additional Commissioner on 19.12.1995, the Assistant Collector on 23.12.1998 held that the suit lands having been recorded in the joint names of the parties, the Respondent was entitled to 1/3rd share and the regional Patwari was directed to prepare separate kurrah and map.;