NARAYAN SHUKLA, J. - (1.) HEARD Mr. D.C.Jain, learned counsel for the petitioner and learned Standing counsel.
(2.) THE dispute relates to plot Nos. 2609 and 2610 situate in village Barabanki, Tehsil-Navabganj, District Barabanki. The petitioner has challenged the order dated 7.1.1986 passed by Sub Divisional Officer, Barabanki for deleting the name of Raja Mahmoodabad from the revenue records of the aforesaid plots and to record it as evacuee property Government of India. The petitioner claims his owner-ship over the said land on the basis of oral gift executed by one Jubeda Khatoon in his favour. It is stated that initially the land in dispute belonged to Babu Chand Mohan Rai, Zamindar, who transferred the same in favour of Raja Amir Hasan of Mahmoodabad through a registered sale-deed dated 18.01.1900. After the death of Raja Amir Hasan his legal heirs Mohammad Amir Ahmad and his agent Rani Kaniz Abid succeeded to hold the property who executed the sale deed in favour of Smt. Jubada Khatoon wife of Sri Mustafa Kamil Kidwai.
(3.) THE petitioner filed regular suit which was registered as Regular Suit no. 78/1984 in the court of Civil Judge, Barabanki seeking relief to declare him owner of the building together with the land situate in plot no. 2609 measuring 5 bigha 2 biswa and 10 biswansi. During the course of the said suit the Sub-Divisional Officer passed the order impugned to record the land as evacuee property on the report of Tehasildar, Barbanki. The Tehsildar by means of report dated 07.01.1986 reported that Raja Saheb Mahmoodabad-Mohammad Amir Ahmad Khan migrated to Pakistan in 1957 and took citizenship of Pakistan. He died there at. Accordingly under the Enemy Property Act, 1968 the property left in India is liable to be recorded as evacuee property. The petitioner claims that the order impugned has been passed on the basis of report of Tehsildar without issuing notice to the petitioner. It is stated that no doubt the property was purchased by Raja Saheb but subsequently it came to be recorded in the name of Mohammad Amir Ahamad Khan who sold the property to Jubada Khatoon who gifted the same in 1973 to the petitioner, accordingly the petitioner became owner of the land in dispute. It has further been pointed out that in the suit the State through it is written statement never took such plea as the land in dispute is evacuee property.;