NARAYAN SHUKLA, J. - (1.) HEARD Mr. U.C. Pandey, learned counsel for the petitioners and Mr. N. K. Dwivedi, learned counsel for the party no. 2.
(2.) BEING aggrieved with order dated 21.01.2008 passed by the Board of Revenue the petitioners have filed the present writ petition. Through the order impugned the order passed by Additional Commissioner on 21.04.2007 has been set aside. The Additional Commissioner by means of order dated 20.04.2007 has cancelled the order of mutation dated 12.07.1995 made in favour of opposite party no. 2 and has approved the order of mutation made on 29.05.1995 and 06.06.1995 in favour of the petitioners.
(3.) BRIEFLY the facts of the case are that one Smt. Rajpati widow of Shiv Prasad executed a registered sale deed of some plot on 28.03.1995. On the basis of the aforesaid sale-deed, the Naib Tehasildar, Gonda mutated the petitioners' names in the revenue records in place of Smt. Rajpati by means of orders dated 29.05.1995 and 06.06.1995. Smt. Rajpati also executed another sale deed of the same very land in favour of opposite party no. 2 on 02.07.1994, which was registered on 14.02.2000. Thereafter the names of opposite party no. 2 was also mutated in the revenue records. The petitioners as well as opposite party no. 2 both filed two cross-appeals challenging the order of mutation made against each other. The Sub-Divisional Officer, Gonda allowed the appeal of opposite party no. 2 and dismissed the appeal of petitioners by means of order dated 19.08.2000. Being aggrieved with the said order, the petitioners preferred a revision before the Commissioner, Devi patan Division, Gonda on the ground that sale deed of the land in dispute was already executed and registered in favour of petitioners on 28.03.1995 and their names had also been recorded in the revenue records under the order passed by the Additional Tehsildar on 07.06.1995. It was also stated that another sale-deed of the same land was executed in favour of opposite party no. 2 by Smt. Rajpati on 02.07.1994, but it was registered on 14.02.2000 on the basis of order passed by the District Registrar, Gonda on 29.01.2000.The sale-deed executed in favour of the petitioners came in existence just after its registration prior to registration of another sale-deed, therefore, the first one executed in favour of the petitioners will prevail over sale-deed registered subsequently in favour of opposite party no.2;