- (1.) Heard learned counsel for the petitioner.
(2.) By this petition, the petitioner has challenged the order dated 19.11.2007 passed by the Additional Commissioner, Meerut Division, Meerut in Revision No.88 of 2005-06 and the order dated 07.03.2006 passed by the Up-Ziladhikari, Sikandrabad in Revenue Suit No.3 of 2004, under Section 229B of the U.P. Z.A. & L.R. Act, by which the amendment sought by respondent no.3 in his written-statement has been allowed.
(3.) A perusal of the record reveals that the petitioner instituted Revenue Suit No.3 of 2004, under Section 229B of the U.P. Z.A. & L.R. Act, for declaration that he is co-bhumidhar to the extent one half share in the plots enumerated in the plaint. The plaint case was that the land in question was bhumidhari of the plaintiff's father, Gajraj Singh and that after his death, the plaintiff as well as the defendant no.1, namely, Aniruddh Singh, who has been impleaded as the respondent no.3 in this petition, being the sons of Gajraj Singh, became co-bhumidhars in equal share. It was pleaded that Aniruddh Singh (defendant no.1), by taking advantage of a fraudulent entry in Form P.A.-11, sold the entire land to Jagat Singh and Bhagat Singh i.e. defendants 2 and 3, arrayed as respondent nos.4 and 5 respectively. It was pleaded that the sale-deed in favour of the respondent nos.4 and 5 was void to the extent of one half share of the plaintiff and, therefore, the plaintiff was entitled to declaration of his rights.;