I.M. Quddusi, J. - (1.) Heard learned Counsel for the petitioners and the learned Counsel for the opposite parties as well as learned Counsel who has moved an application for abatement on behalf of Smt. Allah Rakkhi on the ground that consolidation proceedings are going on and the application under section 9(2) of the U.P. Holdings Act are pending.
(2.) By means of this writ petition the petitioners have prayed for issuance of a writ order or direction in the nature of certiorari quashing in the impugned orders dated 30.10.1976, 27.2.1978 and 20.1.1983 passed in Case No. 45/1976, Appeal No. 4 of 1976 and Second Appeal No. 137 of 1977-78 by the Assistant Collector 1st Class, Bijnore, Additional Commissioner, Bareilly Division Bareilly and Board of Revenue respectively.
(3.) Brief facts of the case are that Smt. Chunnoo, who is opposite party No. 4 in the writ petition had filed a suit under section 176 of the U.P.Z.A. and L.R. Act claiming half share in the land in dispute i.e. plot No. 1446 situate in village Bark-hurdarpur Kabir, Pergana, Mandawar, district Bijnor against Zamir and Bandu sons of Nazi with the allegation that the plaintiff and the defendants Nos. 1 and 2 are co-bhumdhars and sirdars of the land in dispute. Gaon Sabha was also made a party to the suit. The defendants who are the petitioners before this Court had denied the rights of the plaintiff Smt. Chunnco with the allegation that Smt. Chunnoo married with Ghasita and Ghasita had executed a Will-deed before his death on 5.12.1955 giving right to hold the land in dispute during life time of Smt. Chunnoo in favour of the petitioners who were his real nephew (brother's son). It was also alleged that after the death of Ghasita, Smt. Chunnoo remarried with one Zamir son of Hakimulla from whom her daughter Alla Rakkhi was born. It was also alleged that they had been in adverse possession over the land in suit and as such also Smt. Chunnoo had no right to hold tire land in suit.;