R.R. Yadav, J. - (1.) Heard Sri N.B. Nigam, learned Counsel for the petitioners at length.
(2.) Perused the order dated 23-2-1989 passed by the Sub-Divisional Officer, Mauranipur (Annexure No. 1), the order dated 22-3-1993 passed by the Additional Commissioner (Judicial) Jhansi Division, Jhansi (Annexure No. 2) and the order dated 28-2-2001 passed by the Board of Revenue, U.P. at Allahabad (Annexure No. 3) to the writ petition. From the perusal of the orders impugned, it is apparent on the face of record that the petitioners filed a suit for declaration under Section 229-B of U.P. Act No. 1 of 1951 before the respondent No. 2 on the ground inter alia, that they purchased the land in dispute on 4-8-1981 and their names were mutated under Section 12 of the U.P. Consolidation of Holdings Act on 16-4-1982, therefore, they are entitled to be declared as bhumidhars.
(3.) The petitioners were non suited by the trial Court holding that before execution of sale-deed, in their favour the vendor of the land in dispute has already entered into compromise with his other co-sharers in the proceedings under Section 9-A(2) of U.P. Consolidation of Holdings Act and on the basis of the compromise dated 26-3-1998 entered into between the co-sharers, his right, title and interest has extinguished on the date of sale.;