Poonam Srivastav, J. - (1.) HEARD counsel for petitioner and counsel for contesting respondent.
(2.) DISPUTE relates to plot No. 1220 area 2.40 acres and plot No. 1222 area 0.74 acres situated in village Tindwari, Pargana and District Banda. Claim of petitioner is that his name was recorded in the basic year as Bhoomidhar and name of respondent No. 3 was recorded in column No. 9. Admitted facts are that the disputed plots originally belong to Shambhu Saran. He was also known as Shambhu Dayal. There is specific assertion in the writ petition that both are one and the same person. He had four daughters namely Smt. Chandania, Smt. Sumitra, Smt. Lalita and Smt. Kamla Bai and only one son namely Sita Ram. Smt. Kamla Bai was married to one Ambika Prasad, petitioner in the instant petition. Financial condition of Smt. Kamla Bai was very bad, therefore, Shambhu Dayal executed a registered deed of maintenance "Gujarnama" dated 1.12.1959 which relates to the disputed plots. The said deed was only for the life time usage of his daughter Kamla Bai. It was specifically directed that after her death, it will revert to the only son of Shambhu Dayal.
(3.) SMT . Kamla Bai had no claim of ownership and thus no right of alienation of the property in question. She applied for mutation before Sub -Divisional Magistrate, Banda, on the basis of the aforesaid deed of maintenance. Application was allowed by S.D.M. Banda, in favour of Smt. Kamla Bai as Bhoomidhar vide order dated 18.2.1963/16.3.1963. This order was also incorporated in Khatauni of 1969 -71 Fasli. Copy of "Gujarnama" has been brought on record by means of an application dated 28.7.2010 supported by an affidavit. Extract of Khatauni is annexed as annexure No. 4 to the writ petition. Smt. Kamla Bai died on 20.6.1970 and her name was substituted by petitioner Ambika Prasad. Dispute arose on this point of time since according to the deed of maintenance "Gujarnama", Smt. Kamla Bai had only usufructuary right over the property in her life time.;