B.K.NARAYANA, J. - (1.) HEARD Sri Murlidhar, senior advocate assisted by Sri R. P. Singh learned counsel for the petitioner, Sri Rama Yadav counsel for the respondent no. 1 and the learned standing counsel for the respondent nos. 2 to 4.
(2.) THE dispute involved in the present writ petition relates to plot nos. 2063/4 area 15-13-0 (15 Bigha 13 Biswa) and 2164/7 area 6-7-0 (6 Bigha 7 Biswa) ( herein after referred to as the disputed plots). The undisputed facts of the case are that Yad Ram father of the petitioners and Munshi Ram father of proforma respondent nos. 4 to 7, both sons of late Mai Dayal were in possession over the plots in dispute since before 1359 fasli and their possession was recorded as such in 1359 Fasli. Notwithstanding their possession the names of Yad Ram and Munshi Ram were expunged without there being any order of a competent court and disputed plots were recorded in 1360 Fasli as Banjar Khata of Gram Sabha. The aforesaid Yad Ram and Mushi Ram filed a suit for a decree of permanent injunction restraining the Gram Sabha and the Land Management Committee from interfering with their possession over the disputed plots, which was registered as suit no. 1436 of 1995. The said suit was decreed exparte by Munsif Ghaziabad District Meerut by his judgement and decree dated 10.09.1959, copy whereof has been filed as Annexure no. 5 to the writ petition. The Tehsildar on the basis of the Banjar Khata entry made in 1360 fasli in respect of the disputed plots initiated action under Rule 115 (d) of the U.P.Z.A & L.R. Rules (herein after referred to as the Rules) for eviction of Yad Ram and Munshi Ram from the plots in dispute. After notices were issued to the aforesaid Yad Ram and Munshi Ram, the Tehsildar by his order dated 12.10.1959 ordered their eviction from the disputed plots. Against the order dated 12.10.1959, a revision was filed by Yad Ram and Munshi Ram before the Commissioner, Meerut Division Meerut which was numbered as Revision No. 17 of 1959 and the said revision was transferred for disposal before the Additional Commissioner, Meerut who by his order dated 02.12.1959 referred the matter to the Board of Revenue with the recommendation that the Tehsildar's order be set aside and the revision filed by the petitioners be allowed. The reference so made was accepted by the Board of Revenue by judgment dated 29.04.1960 and the order of Teshildar's dated 12.10.1959 was set aside by the Board of Revenue, characterizing it as materially illegal and irregular, copy of the order dated 02.12.1959 passed by the Additional Commissioner and order dated 29.04.1960 passed by the Board of Revenue have been filed as Annexure nos. 6 and 7 respectively, to the writ petition.
(3.) THE aforesaid order of the Board of Revenue was not challenged by the Land Management Committee before any higher Court and the same became final between the parties. Thereafter the petitioner's predecessor Yad Ram moved an application before the Sub Divisional Officer on the basis of the decree of the Civil Court and the order passed by the Board of Revenue in proceedings under Rules 115 (d) of the Rules for fixation of rent and the Sub Divisional Officer by his order dated 23.02.1963 directed that the papers be sent to the Tehsildar for fixation of rent under Rule 115 (e) of the Rules, copy whereof has been filed as Annexure no. 8 to the writ petition. Although the direction issued by the Sub Divisional Officer vide his order dated 23.02.1963 was not implemented but the petitioner continued to remain in possession over the disputed plots and perfected their title over the same and their names were restored in Column 2 of the Khatauni of 1372 fasli.;