Ram Surat Ram (Maurya), J. - (1.) Heard Sri Raj Kumar Ojha, for the petitioners and Sri Ramesh Singh, for the contesting respondents. This writ petition has been filed against the orders of Sub -Divisional Officer dated 26.11.2011, issuing parwana amaldaramad, under Paragraph -39 of U.P. Revenue Court Manual, for compliance of preliminary decree dated 14.4.1958/final decree dated 30.9.1961 passed in O.S. No. 376 of 1957, Additional Commissioner dated 19.12.2012 and Board of Revenue, U.P. dated 25.5.2015 dismissing appeals and revisions of the petitioners, in the partition suit under U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).
(2.) Dispute between the parties relates to plots 278 (area 5 biswa), 335 (area 15 biswa), 336 (area 11 biswa), 364 (area 10 biswa), 365 (area 6 biswa) and 367 (area 10 biswa), (total area 2 bigha 17 biswa) of village Shivpur alias Rasoolpur, pargana Kantit, district Mirzapur. Saptami (now represented by respondents -7 to 15) (hereinafter referred to as the respondents) filed a suit (registered as O.S. No. 237 of 1953) on 13.5.1953, for declaring him co -sharer of 1/2 share in the land mentioned in Schedule -A and B of the plaint. Saptami took plea that his father Dwarika and Satya Narain (father of the defendants) were cousin brothers and formed joint Hindu family. From joint family fund, the land in dispute was purchased time to time in the name of Satya Narain in representative capacity, in which he had 1/2 share. In Schedule -A of the plaint, plots 663, 783, 816, 878, 897, 901/1, 901/2, 901/3, 956, 1013 and 1031 (total 11 plots area 5 bigha 8 biswa) of village Shivpur were mentioned. In Schedule -B of the plaint, plots 29, 37, 38, 39, 40, 51, 65, 86, 91, 92, 93, 112, 116, 226, 278, 335, 336, 364, 365 and 367 (total 20 plots area 16 bigha 4 biswa) of village Vedaur were mentioned. In this plaint there was a mistake that although plots 278 (area 5 biswa), 335 (area 15 biswa), 336 (area 11 biswa), 364 (area 10 biswa), 365 (area 6 biswa) and 367 (area 10 biswa), (total area 2 bigha 17 biswa) were lying in village Shivpur but it has been mentioned in Schedule -B of the plaint along with land of village Vedaur. This mistake was not pointed out by any one.
(3.) The defendants contested the suit and stated that Satya Narain purchased the disputed land from his own income, which were his self acquired properties. Amongst other, the plots which are at present disputed, plots 335 and 336 were purchased from Jokhan in the name of Satya Narain through sale deed dated 27.5.2016, plots 278 and 1073 were purchased from Vishwa Nath in the name of Satya Narain, through sale deed dated 22.2.1917 and plots 364, 365 and 367 were purchased from Vishwa Nath in the name of Satya Narain and the defendants have filed these sale deeds. The suit was tried by Munsif, Mirzapur, who by judgment dated 3.11.1954, held that family of Dwarika and Satya Narain remained joint till 1930. They were carrying a big joint family confectionery shop at Vindhyanchal and from the income of that business entire land in dispute were acquired as such it were joint family property of Satya Narain and Dwarika, in which Saptami had 1/2 share. On these findings, he decreed the suit, for the plots mentioned in Schedule A and B of the plaint excepts plots 663, 783, 878, 897, 901/1, 901/2 and 901/3 of Schedule A. No one challenged the decree dated 3.11.1954 and it became final between them.;