- (1.) S. U. Khan, J.
(2.) PETITIONER Smt. Manjhari executed a sale-deed on 8-10-1952 in respect of agricultural land in dispute in favour of Bhodal and two others i. e. Surya Bali and Ram Bali who were sons of Katwaroo real brother of Bhodal. After four days of the execution of the sale-deed, petitioner filed Civil Suit for cancellation of the said sale-deed on the ground that it was obtained by fraud. The defence in the suit was that the sale-deed was not result of fraud and original petitioner having remarried lost the right in the agricultural land sold by her as she had inherited the same from her deceased husband (Bhodal was third cousin of husband of Manjhari according to pedigree given in para 3 of the writ petition ). The suit was decreed holding that the sale-deed was result of fraud and in the family there was custom of remarriage hence after remarriage the original petitioner did not forfeit her right in the agricultural land in dispute. First Appeal against the said judgment was dismissed and Second Appeal being Second Appeal No. 887 of 1959 was also dismissed by this Court on 10-7-1962. Thereafter original petitioner filed suit for partition in respect of her half share in the entire agricultural land. The suit was decreed and separate possession over half share was delivered to the original petitioner. Thereafter Bhodal and two other defendants in the earlier civil suit filed suit for cancellation of decree passed in the said suit. The suit was dismissed and thereafter appeal was filed and in appeal matter was remanded to the trial Court for decision afresh. Thereafter Consolidation proceedings started hence suit was abated under Section 5 of U. P. C. H. Act. Thereafter proceedings were initiated before consolidation Officer (C. O. ). Meanwhile proceedings under Section 145 Cr. P. C were also initiated which terminated in favour of original petitioner.
(3.) C. O. as well as S. O. C. in appeal decided the matter in favour of the original petitioner however in revision D. D. C. reversed the said judgment and decided the matter in favour of Bhodal and others. Against the order of D. D. C. writ petition was filed being Writ Petition No. 458 of 1972 which was allowed on 27-4-1979 by this Court and order of D. D. C. was quashed. Consequently order of S. O. C. and C. O. stood restored. Against the judgment of this Court dated 27-4-1979, S. L. P. was filed before the Supreme Court which was also dismissed on 5-5-1980. On 29-6-1965 original petitioner sold some of the property in dispute to respondent No. 5 to 17 (Respondents No. 3 and 4 Arjun and Ram Sevak both sons of Bhodal are contesting respondents in this writ petition ).;