- (1.) HEARD Sri Pradeep Kumar Rai, for the petitioners and Sri R.C. Singh, for the contesting respondents.
(2.) THIS writ petition has been filed against the orders of Tahsildar dated 29.12.1992, Sub -Divisional Officer dated 30.12.1993, Additional Commissioner dated 29.09.2003 and Board of Revenue U.P. dated 02.01.2014, arising out of proceedings under Section 34 of U.P. Land Revenue Act, 1901 (hereinafter referred to as the Act).
(3.) THE dispute between the parties relates to plots 157 (area 0.173 hectare), 158 (area 0.150 hectare), 201 (area 2.503 hectare), 298 -Aa (area 0.371 hectare), 298 -Ba (area 0.708 hectare) and 350 (area 2.106 hectare) of village Dulahara, tahsil Kirawali and district Agra, which was recorded in khata 60 in the name of Birbal, who allegedly died on 25.07.1988 or on 29.08.1991. Ramveer and Arab Singh filed an application (registered as Case No. 247 of 1987 -88) under Section 34 of the Act, on 14.09.1988, for mutating their names over the land in dispute on the basis of an unregistered will dated 25.06.1986. Ramveer and Arab Singh lost from the court of Tahsildar and Sub -Divisional Officer. Thereafter they did not challenge the order and they are not contesting the case. Virendra Singh, Rajendra Singh, Yogendra Singh and Dharmendra Singh (the petitioners) filed an application (registered as Case No. 9 of 1988 -89) under Section 34 of the Act, on 15.10.1988, for mutating their names over the land in dispute on the basis of sale deed dated 01.09.1988 (registered on 12.09.1988) allegedly executed by Birbal in their favour. It may be mentioned that the sale deed was in respect of plots 201, 298 -Aa and 298 -Ba. During pendency of the case, they set up their claim for the remaining plots on the basis a will dated 28.04.1987 (registered on 16.05.1987). Kiran Devi and others, daughters of Birbal (now represented by respondents -5 to 10) (hereinafter referred to as the respondents) filed an application (registered as Case No. 30 of 1991 -92) under Section 34 of the Act, on 22.11.1991, for mutating their names over the land in dispute on the basis of registered will dated 30.01.1980. These three cases were consolidated and tried together. Tahsildar, by order dated 29.12.1992 disbelieved the different will set up by all the parties. However, he relied upon the sale deed 1.09.1988 (registered on 12.09.1988) allegedly executed by Birbal in favour of the petitioners. Accordingly he directed for recording the names of the petitioners over plots 201, 298 -Aa and 298 -Ba and remaining plots were directed to be recorded in the names of the respondents by way of inheritance. The petitioners filed an appeal (registered as Appeal No. 11 of 1992 -93), the respondents filed an appeal (registered as Appeal No. 7 of 1992 -93). Arab Singh also filed an appeal from the aforesaid orders. All the appeals were consolidated and heard by Sub -Divisional Officer, who by order dated 30.12.1993 dismissed all the appeals.;