N.N.Sharma, J. - (1.) BOTH these petitions are being disposed of by this common judgment as they arise out on the same facts and can be disposed of simultaneously. Dispute relates to plots Nos. 397, 3990, 3904 and 4088, measuring 9 bighas 17 biswas situated in village Turra Pergana Naraini District Banda. These plots were the Sirdari plots of Mangalwa and Sua who are own brothers sons of Ram Charan. Mangalwa is the husband of Smt. Ratania. These plots were sold by the tenure holders to Khilari and Bishambher for a sum of Rs. 1000/ - through a registered instrument on 3 -5 -1965. The sale deed was registered on 20 -5 -1965. Petitioners Ramanuj and Kaushal are sons of Bishambher Dayal, vendee. Vednees are in possession over the disputed holdings and their names were recorded in the revenue papers as the vendors concerned in Mutation case No. 1608/1161 that they had already delivered possession of the holding to the vendees in pursuance of the sale deed vide annexures RA -1 and RA -2 of the rejoinder affidavit filed in Writ Petition No. 2795 of 1980. Thus the name of vendees were mutated on the holding vide order dated 17 -9 -1965 of the revenue Court.
(2.) IN the revenue papers, the name of vendees were entered and they are also in actual possession over the same from 3 -5 -1965. It was after about four years in 1969, that Smt. Ratania wife of Mangalwa vendor initiated criminal proceedings under Section 145 Cr.P.C. asserting her possession over the disputed holding. Her contention was repelled and the possession of Vendees was upheld by Sub/Divisional Magistrate Naraini district Banda on 17 -7 -1969.
(3.) SMT . Ratania along with her husband and brother -in -law and sons filed proceedings under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act (Act No. 1 of 1951) in the revenue Court against vendees for recovery of possession over the disputed holding. She also claimed damages from the defendants vendees alleging them as trespassers. She lost the case and possession of vendees was again upheld on 1 -9 -1969 vide annexures 1 and 2 of the Writ Petition No. 2795 of 1980.;