Prakash Krishna, J. - (1.) THIS is defendant's writ petition. It arises out of a suit instituted under Section 229B of the U.P.Z.A. & L.R Act (hereinafter referred to as an Act) by the respondent No. 2 against the petitioner and others being suit No. 63 of 1979. The said suit was filed on the pleas inter alia that the land in dispute belonged to Bhamman who was Sirdar thereof. The plaintiff respondent claimed himself as son of Bhamman who died on 11.2.1972 leaving behind him his widow Smt. Taufaniya. Taufaniya was also one of the defendants in the suit. The present petitioners are the purchasers of the land in dispute from Taufaniya. It was pleaded that on 1st of February, 1972 Bhamman who was an illiterate person had executed a gift deed in favour of the plaintiff namely Kanchhid (Plaintiff) and Sukkha Singh in respect of a land other than the disputed one. Sukkha is, admittedly, brother of Mst. Taufaniya. In nutshel, Kanchhid claimed the property being son of Bhamman.
(2.) THE said suit was contested by Taufaniya and the present petitioners on the pleas inter alia that after death of Bhamman, the plaintiff and Taufaniya both applied separately for mutation of their names in the Revenue record over the land in question. Ultimately, a compromise was arrived at in between Kanchhid and Taufaniya in the mutation proceedings and the plaintiff Kanchhid agreed that the land be mutated in the name of Smt. Taufaniya. The said compromise was accepted by the Revenue Court and it was ordered accordingly. It was also pleaded that Kanchhid (plaintiff) is not son of deceased Bhamman and therefore, he is not entitled to succeed. Another set of defendants were Chunni, Bhajjan and Mangala, the respondent Nos. 3 to 5 herein, claimed the property on the basis of agreement to sell in their favour by Smt. Taufaniya. They having lost from both the trial Court and the First Appellate Court, have left the scene. The decree against them has attained finality.
(3.) THE parties led evidence in support of their respective cases. As many as seven issues were framed by the trial Court. Evidence was led oral and documentary. The trial Court decreed the suit by its judgment and decree dated 30th of July, 1979 holding that the plaintiff is son of Bhamman as is evident from the birth register dated 8th of May, 1950 and also from the admission of Bhamman in the registered gift deed dated 1st of February, 1972. The said gift deed was in respect of a property other than the property in dispute. The decree of the trial Court was challenged in appeal No. 354 of 1979. Chunni and others also filed appeal No. 410 of 1979. Both the appeals were heard together and were decided by the Additional Commissioner, Meerut Division, Meerut by a common judgment dated 14th of July, 1981 whereby the judgment and decree of the trial Court was reversed and the suit filed by Kanchhid was dismissed in toto. The appeal filed by Chunni and others was dismissed. Kanchhid carried the matter before the Board of Revenue in second appeal No. 123 of 1980 -1981. The second appeal has been allowed by the impugned judgment and order dated 19th of September, 1991.;