RAM SURAT RAM, J. - (1.) HEARD Sri Pankaj Kumar Tyagi, for the petitioner and Sri Daya Ram Yadav, for the respondents.
(2.) THE writ petition has been filed against the orders of Board of Revenue, U.P. at Allahabad (respondent -2) dated 31.07.2013, and Commissioner Meerut Division Meerat (respondent -3) dated 05.08.2008, passed in the proceedings arising out of the suit under Section 229 -B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as "the Act"). The dispute relates to the land of khata -194 [consisting plot 90 (area 2.800 hectare) and plot No. 38 (area 2.714 hectare)] of village Chiraudi, pargana Daurala, district Meerut. The land in dispute was ancestral property and was coming from the time of Bhure. After death of Bhure, it was jointly inherited by his two sons, Khacheru and Ram Prasad. Khacheru was inherited by his four sons Satyabir, Jagbir (the petitioner), Rishi Pal (respondent -7) and Sheesh Pal (respondent -8). Ram Prasad died issue -less and his share devolved upon his brother's sons. Jagbir (the petitioner) filed a suit (registered as Suit No. 18) under Section 229 -B of the Act, in respect of plot 90, stating that Satyabir, Jagbir, Rishi Pal and Sheesh Pal were sons of Khacheru and had 1/4 share each in the land in dispute. Satyabir executed a will dated 09.05.1998 in favour of the petitioner. Satyabir was murdered, in which brother of Smt. Asha (respondent -6) was an accused. On the basis of the will dated 09.05.1998, executed by Satyabir, the petitioner filed an application for mutation of his name, in place of Satyabir, which was contested by Kunwar Pal, claiming himself as the son of Satyabir. Tahsildar by order dated 04.01.1999 directed for mutation of the name of Kunwar Pal in place of Satyabir. The appeal filed by the petitioner was dismissed by Sub -Divisional Officer by order dated 13.03.1999 and the revision filed by the petitioner against the aforesaid order has also been dismissed by Additional Commissioner by order dated 29.06.2001. In the meantime Kunwar Pal was also murdered and in his place name of Smt. Asha was recorded on the basis of PA -11. Satyabir had no son and he was residing along with the petitioner. The petitioner was looking after him as such he executed a will dated 09.05.1998, giving his properties to the petitioner. After death of Satyabir, he inherited 1/4 share of Satyabir under his will. The petitioner filed another Suit (registered as Suit No. 19 ) under Section 229 -B of the Act in respect of plot No. 38 (area 2.714 hectare) of village Chiraudi, pargana Daurala, district Meerut against Smt. Asha, Harendra, Ravindra and others, on the same allegations.
(3.) SMT . Asha (respondent -6) contested the aforesaid suits and filed her written statements. She stated that Satyabir was son of Khacheru. Satyabir was married to Smt. Krishna and from the bed lock of Satyabir and Smt. Krishna one son, Kunwar Pal was born. When Kunwar Pal was about one year old, Smt. Krishna left Satyabir and remarried with another man of village Akhlaspur. When Kunwar Pal had become 10 years old, he was brought by Satyabir to his village. He was admitted to the school and he passed Intermediate examination from Lok Priya Inter College Sardhana, Meerut. Khacheru had four sons namely Satyabir, Jagbir, Rishi Pal and Sheesh Pal. Jagbir had one son Rajbir. She was married to Rajbir. Unfortunately, Rajbir died thereafter she was remarried to Kunwar Pal. After death of Satyabir, the name of Kunwar Pal was mutated over the land in dispute. After death of Kunwar Pal, his share was inherited by her.;