- (1.) Present petition has its genesis in the proceeding under Section 9A(2) of the U.P. Consolidation of Holdings Act, 1953 and is directed against the judgment and orders dated 9-9-93, 3-7-1969 and 6-10-1965 passed by Respondents 1, 2 and 3 respectively in respect of the land comprising Basic Khatauni Khata Nos. 17/1 and 17/2 of village Rasulpur Pargana Haveli District Mirzapur. In the basic year Khatauni, Smt. Sri Mani Devi wife of Ganesh Das was recorded as Bhumidhar of the land in dispute while Petitioners were recorded in Jaman-9 over some of the plots in dispute viz. plot Nos. 40, 68, 177, 176, 178, 187, 8, 39, 86, 189 and 190.
(2.) The case has a cheuquered history littered with long-drawn litigation spread over a period of more than four decades and it would be useful, nay necessary to delineate as under the consisted account of the case in so far as it is relevant to neo-light the controversy involved in the case.
(3.) One Salt. Sindheshwari Devi was the fixed rate tenant of eight Bighas, ten Biswas and occupancy tenant of about 8 Bighas, 10 Biswas of land comprising the two Khatas in dispute. She had inherited the land in dispute from her husband Ram Kishore Lal. On 17-4-1941 the entire land in dispute was sublet to Ram Bachan, the father of petitioners, for a term of 5 years by Smt. Sidheshwari Devi by means of two registered Pattas (deeds of sub-lease). She executed a Will in favour of her daughter's daughter Smt. Srimani Devi on 15-4-1950 and died in May, 1950. It appears that after the death of Smt. Sidheshwari Devi, a dispute regarding possession in respect of the land in dispute cropped up between one Parshottam Dave on one hand and the petitioners on the other. The learned Magistrate concerned being satisfied as to the existence of apprehension of breach of peace, passed a preliminary order on 21st September 1951 and attached the property and on enquiry found Parshottam Dave to be in possession on the relevant date and accordingly, passed an order on 31-10-1952 in favour of Parshottam Dave. The revision preferred by petitioners against the said order was dismissed on 22-7-1953 and the attached property was released in favour of Parshottam Dave on 12-10-1953,;