- (1.) Heard Sri Surendra Tiwari, for the petitioners. The writ petitions have been filed against the orders of Board of Revenue, U.P. dated 21.10.2014 allowing impleadment application of M/s. Lee Way Clothing Private Limited (respondent-11) in second appeal and revision filed by the petitioners, on the ground that during pendency of the litigation it has purchased the land in dispute through registered sale-deed dated 4.12.2012 executed by Ujjwal Sagar Suri and others (respondents-5 and 8).
(2.) The dispute relates to plot 1743 (area 0-10-0 bigha), 1744 (area 1-5-0 bigha) and 1745 (area 1-2-0 bigha) of village Arthala, pargana Lord, district Ghaziabad. The petitioners filed a suit (registered as Suit No. 68 of 1988) for declaring them as 'bhumidhar with transferable right' of the land in dispute. It has been stated by the petitioners that they were in possession of the land in dispute for last 30 years from the time of their grand-father Cheetar and have acquired 'bhumidhar with transferable right' over it. The defendants were not in possession of it. The suit was contested by Ujjawal Sagar Suri and others (respondents-5 and 8). They filed their joint written statement and denied plaint allegations. They have stated that Cheetar got forged entry in his favour in column IX of the khatauni without serving PA-10 upon them although he was never in possession of the land in dispute. He filed a suit for declaration of himself as 'bhumidhar with nontransferable right' under section 229-B of U.P. Act No. 1 of 1951, which was dismissed by Trial Court. Thereafter, he filed an appeal from the decree of the Trial Court, which was got dismissed as withdrawn without liberty to file a fresh suit. On the application of Ravi Khanna, proceedings under section 145 Cr.P.C. was initiated, in which possession of Ravi Khanna was held by order dated 4.2.1976. No notice under section 80 C.P.C. was given.
(3.) It has been stated that the suit was dismissed in default on 31.3.1993. The petitioners filed an application dated 7.4.1993 for recall of the order dated 31.3.1993. Initially the land in dispute was within the limit of tahsil Dadri. However, after carving new district Gautam Budh Nagar, village Arthala was included in tahsil Ghaziabad. The petitioners moved an application dated 27.2.1998 for transfer of the suit along with recall application from Sub-Divisional Officer Dadri to Sub-Divisional Officer Ghaziabad. Sub-Divisional Officer Dadri by his order dated 1.4.1998 transferred the suit but under some confusion dismissed the recall application. Later on, suit was again dismissed in default by Sub-Divisional Officer Ghaziabad by order dated 29.6.1998. The petitioners filed an appeal (registered as Appeal No. 66 of 1997-98) from the order the dated 29.6.1998, which was partly allowed by Additional Commissioner by order dated 4.1.2000 and order dated 29.6.1998 was set aside and matter was remanded to Sub-Divisional Officer Ghaziabad for deciding the suit on merit after giving opportunity to the parties for evidence/hearing.;