- (1.) R. R. Yadav, J. Although the present writ petition is posted today for admission but with the consent of the learned Counsel for the parties, I propose to dispose it of finally at admission stage.
(2.) HEARD the learned Counsel for the petitioner, Sri Surya Narayan as well as the learned Standing Counsel at length. Perused the order impugned dated 30-11-1999 passed by respondent No. 2, Sub- Divisional Officer, Kaushambi (Annexure-7 to the writ petition) whereby the application moved by the petitioner under Section 33/39 of U. P. Land Revenue Act (hereinafter called as the Act of 1901) has been rejected and order dated 30-5-2000, passed by respondent No. 1, Additional Commissioner, Allahabad Division, Allahabad affirming the aforesaid order, a copy whereof is filed and marked as Annexure-9 to the writ petition. Briefly stated the facts are that the deceased-plaintiff Smt. Shabbirul Nishan filed civil suit No. 268 of 1962 for cancellation of two sale-deed dated 7-5-1960 and 4-6-1960, for recovery of possession of subject-matter of the aforesaid two sale-deeds and for recovery of Rs. 800/- as damages against Hakimuddin. The aforesaid civil suit No. 268 of 1962 filed by the deceased-plaintiff, Smt. Shabbirul Nishan was dismissed by the trial Court on 6-8-1968. Aggrieved against the judgment and decree dated 6-8-1968 passed by trial Court, Shabbirul Nishan filed first civil appeal No. 88 of 1968. It appears from perusal of the records that during the pendency of the aforesaid first appeal, plaintiff, Shabbirul Nishan expired and in her place, the name of the petitioner, Mohammad Anis was substituted as her sole legal representative in the array of appellant. After hearing Mohammad Anis petitioner and Hakimuddin, the learned first appellate Court set aside the judgment and decree dated 6-8-1968 passed by the trial Court and allowed the appeal on 23-4-1979 whereby the aforesaid two sale-deeds dated 7-5-1960 and 4-6-1960 were cancelled, holding these sale- deeds to be void ab initio. It was further held by the first appellate Court that the deceased-plaintiff, Shabbirul Nishan was forcibly dispossessed by Hakimuddin on the basis of above mentioned two sale- deeds and she was found to be entitled to get back possession of the subject-matter of two sale-deeds from Hakimuddin. However, the first appellate Court refused to pass decree for damages amounting to Rs. 800/- against Hakimuddin.
(3.) AGGRIEVED against the judgment and decree passed by the first appellate Court on 23-4-1979, Hakimuddin filed a second appeal No. 1688 of 1979 before the High Court which too was dismissed on 16-9-1997. Undaunted from dismissal of second appeal, Hakimuddin filed S. L. P. before the Supreme Court which too was dismissed on 5-2- 1998.;