- (1.) Heard counsel for the parties and perused the record.
(2.) Considering the submission on behalf of the parties backdrop of the case is being given for just and proper appreciation of the facts of the case.
(3.) House No. 18/17/13, Krishna Nagar, Kydganj, Allahabad (hereinafter referred to as 'the house in dispute') was initially owned by Sri Guru Prasad son of Kallu. It was purchased by Sri Saroj Chandra Verma from its previous owner vide registered sale deed dated 8.1.1953. Sri Lalit Mohan Verma-father of the Petitioner filed Original Suit No. 557 of 1965, Lalit Mohan Verma v. Saroj Chandra Verma, in the court of Munsif Garvi praying for a declaration of the sale deed dated 8.1.1953 executed in favour of Saroj Chandra Verma as benami. It was alleged that the property in dispute was purchased with the money provided by the Plaintiff, Lalit Mohan Verma and that Sri Saroj Chandra Verma had no concern with the house. The suit was dismissed by the trial court with costs vide judgment and decree dated 31.3.1967 holding that the sale deed dated 8.1.1953 was valid and not benami and that Saroj Chandra Verma was the owner of the house in dispute. The judgment dated 31.3.1967 is on record of the court below from which the present writ petition arises.;