- (1.) HEARD Sri S.C. Verma, learned counsel for the petitioner and Sri Dhruv Narain, learned counsel appearing on behalf of the respondents.
(2.) THE writ petition has been filed challenging the order dated 30.3.2000 passed by the Assistant Collector Ist Class/Sub Divisional Officer, Bilhaur and order dated 4.11.2000 passed by the Ist Additional Commissioner, Kanpur Division,Kanpur-respondent no.4. Facts in brief for deciding controversy are that one Ram Gulam son of Baldeo recorded Bhumidhar of agricultural plot no. 798 area 2-9-18 situated in village Makanpur, Pargana and Tehsil Bilhaur, District Kanpur Nagar, executed sale deed dated 5.6.1985 for Rs.8000.00 in favour of Pahunchi Lal-respondent no.1. The condition as mentioned in the sale deed was to the effect that the amount of Rs.8000.00 was to be repaid by Ram Gulam to respondent no.1 within a period of eight years and in case the said amount is paid, the respondent no. 1 Pahunchi Lal will return the land which is the subject matter of the sale deed. It may be noted that the plot no. 798 area mentioned above is the subject matter of land in dispute. The case of the petitioner is that on 1.2.1992, Ram Gulam returned Rs.8000.00 as agreed and asked for return of the possession of his land. However, the respondent no. 1 turned dishonest and refused to accept the said amount. Consequently, Ram Gulam filed a civil suit no. 803 of 1992 on 24.8.1992 with a relief for a direction to respondent no. 1 to execute the deed of reconveyance of the disputed land in favour of Ram Gulam plaintiff. The suit was contested by respondent no. 1 Pahunchi Lal and was decreed by judgment and order dated 6.9.1994. A direction was given to respondent no.1 to execute the deed of reconveyance in favour of Ram Gulam after receiving the agreed amount of Rs.8000.00.
(3.) A civil appeal No. 66 of 1999 was filed by respondent no. 1 which was allowed by the judgment and order dated 6.4.1996. Aggrieved, Ram Gulam filed Second Appeal no. 515 of 1996 which was admitted on 26.11.1996 and is pending consideration before this Court. During pendency of the second appeal, the sole appellant Ram Gulam died on 4.5.1997.;