- (1.) Heard Sri Satyendra Narayan Singh, for the petitioners and Sri Raj Kumar Kesari, for the contesting respondents-4 to 8, 10, 11, 12, 14 to 26.
(2.) This writ petition has been filed against the orders of Assistant Collector dated 10.08.2015, approving the kurra and passing final decree in partition suit, Additional Commissioner dated 20.10.2015 and Board of Revenue, U.P. dated 12.05.2016, dismissing the appeal and second of the petitioners in the suit under Section 176 of U.P. Zamindari Abolition And Land Reforms Act, 1950 (hereinafter referred to as the Act).
(3.) Raghuveer and Ashok (respondents-4 and 5) filed a suit (registered as Suit No. 77 of 2013-14) under Section 176 of the Act, for division of their 1/9 share in plots 54 (area 0.1900 hectare), 55 (area 0.8980 hectare), 66 (area 0.6450 hectare) and 67 (area 3.1490 hectare) of village Jasroop Nagar, Dastoi Road, tahsil and district Hapur. Some of the defendants filed their separate written statement and contested the suit on the ground that land in dispute had already been partitioned between the parties by metes and bound. However, Assistant Collector, by order dated 27.08.2014 passed the preliminary decree, holding the share of the plaintiffs as 1/9 jointly. Share of the defendants have also been decided. None of the parties challenged the preliminary decree. In pursuance of preliminary decree, Lekhpal prepared kurra and submitted in Court on 24.09.2014. There were two plaintiffs and 25 defendants but Lekhpal prepared 8 kurra, allotting kurra to several co-sharers jointly. The co-sharers whose kurra were jointly allotted had no objection.;