S.N.Srivastava, J. - (1.) This writ petition is directed against the judgments dated 15th September, 2000 passed by the Board of Revenue in Second Appeal No. 590 of 99-2000 and 14th July, 2000 passed by the Commissioner, Kanpur Division, Kanpur in Appeal No. 33/99 arising out of Suit No. 24 of 1998 under Section 229-B of the U.P.Z.A. & L.R. Act.
(2.) The brief facts giving rise to the present petition are that petitioners are daughters of Garibe, who died 20 years back from the date of filing of the Suit by the Plaintiffs (Petitioners herein). After about 20 years of the death of Garibe, plaintiffs filed the Suit under Section 229-B of the U.P.Z.A. & L.R. Act for declaration of their Bhumidhari rights of land in dispute, i.e., Plot No. 801 area 157 hectare and Plot No. 852 area 1.486 hectare, total area 1.643 hectare situated in Village Mahuagaon, Teshil, Pargana and District Kanpur on the ground that they inherited property of Garibe after his death. Name of Harish Chandra-Defendant in the suit was wrongly recorded as he was not born from the wedlock of Garibe with their mother and he is son of Dwarika, Resident of Bhatankhera, Post Masandi, Tehsil Purva, District Unnao. Name of Harish Chandra be expunged and names of plaintiffs be recorded as Bhumidhars of the land in dispute.
(3.) Defendant-Harish Chandra denied plaint allegations and claimed himself to be the son of Garibe who inherited the property in dispute after his death. Defendant also denied any right of plaintiffs on the basis of inheritance. Trial Court decreed the suit by the judgment and decree dated 23rd February, 1999. The First Appellate court reversed the judgment and decree of the Trial court and dismissed the suit. The decree of the First Appellate court was affirmed by the Board of Revenue in the Second Appeal.;