R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioners and learned Standing Counsel.
(2.) Present petition arises out of the proceedings under sub-section (4) of Section 198 of the U.P.Zamindari Abolition and Land Reforms Act, for short 'the Act' and is directed against the concurrent orders passed by the Courts below dated 19.1.1990, 17.3.1988 and 18.4.1985.
(3.) It appears that notice was issued against Shri Durbal, the ancestor of the petitioners to show cause as to why the lease/patta granted in his favour be not cancelled as he was not the resident of the same circle where the land in dispute was situated and that he was in possession of more land than prescribed under the law. Durbal filed his objection denying the allegations made against him in the said notice and asserting that the lease granted in his favour was quite valid. The parties produced evidence in support of their cases. It appears that during the pendency of the case, Durbal has died leaving behind the petitioners as his legal heirs and legal representatives. The respondent No. 3, after going through the evidence on the record, recorded findings on the above- noted questions against the petitioners and cancelled the lease granted in favour of Durbal by judgment and order dated 18.4.1985. Thereafter, the revisions filed by the petitioners before respondents No. 2 and 1 were also dismissed by judgments and orders dated 17.3.1988 and 19.1.1990 and findings recorded by respondent No. 3 were affirmed. Thus, the three authorities below have recorded concurrent findings of fact on the question of residence of Durbal as well as possession of over more land than prescribed under the law. Hence the present petition.;