Bala Krishna Narayana, J. - (1.) HEARD learned Counsel for the Petitioner and Sri O.P. Pandey, learned Counsel for the Respondents.
(2.) THIS writ petition has been filed by the Petitioner with a prayer to issue a writ, order or direction in the nature of certiorari quashing the orders dated 7.10.1996 (annexure No. 1 to the writ petition), 16.6.1982 (annexure No. 2 to the writ petition) and 10.4.1978 (annexure No. 3 to the writ petition) passed by the Respondent Nos. 1, 2 and 3 respectively. Facts of the case as emerging from the pleadings of the parties are that on 22.4.1981, Plaintiff/ Respondent No. 6 Prandei @ Ramavati instituted a suit under Section 229 -B of the U.P.Z.A. & L.R. Act in the court of Assistant Collector, First Class, Jaunpur against Datadin, Udairaj, Ramdev, Khilawan, Musammat Lakhpati Devi, Musammat Kevla Devi, Gaon Sabha Virampur, State of U.P., Rajaram and Bhagwati Devi, the predecessors of Petitioner No. 5 to 16.
(3.) THE inter -se relationship amongst the Plaintiff and her ancestors was made intelligible with the help of the pedigree given at the foot of the plaint which runs as hereunder: JUDGEMENT_526_LAWS(ALL)5_2011.htm In the plaint it was alleged that the Plaintiff's father Ramnath was fixed rate tenant of plot Nos. 66 and 21 (hereinafter referred to as the disputed plots). On his death tenancy had devolved on his son Bajrangi, the brother of the Plaintiff Prandei. On the death of Bajrangi who died issueless, the disputed plots were inherited by his mother Smt. Prabhudei widow of Ramnath who throughout her life remained in possession over the disputed plots. On 10.2.1947 a deed renouncing her right, title and interest in the disputed plots in favor of her daughter Smt. Prandei was executed by her whereupon she became fixed rate tenant in possession of the disputed plots Smt. Prabhudei died sometimes in the year 1950 and as a consequence of abolition of zamindari Plaintiff became bhumidhar of the disputed plots. As she was mostly living with her in -laws, she was managing tillage with the aid of her father's relations Munni, Datadin and others Defendant Nos. 1 to 4. In the month of September, 1970 she was informed that Defendant Nos. 5 to 7 were planning to transfer some land by sale in favor of their daughters. The Plaintiff Prandei made an inquiry at the time of registration of the sale deed which revealed that the disputed plots were also included in the transfer. She objected then and there in Sub -Registrar's Office but to no avail. She thereafter inspected the revenue records and made a stunning discovery that the names of Defendant Nos. 1 to 4 and 10 to 13 were entered against the disputed plots. The Defendants had got their names mutated in the revenue records in collusion with the Lekhpal. Since, the Defendants had no saleable interest to execute the sale of disputed plots, the suit for declaration that Plaintiff is bhumidhar tenant in possession over the disputed plots was filed by her.;