RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri W.H. Khan, Senior Advocate, assisted by Sri Gulrej Khan, for the petitioner and Sri Gajendra Pratap, Senior Advocate, assisted by Sri Surendra Bahadur Singh, for the contesting respondents.
(2.) This writ petition has been filed against the order of Member, Board of Revenue, U.P., dated 30.06.2016, allowing the revision and directing Trial Court to implead Haider Ali Kazim as defendant in the suit and frame an issue as to whether Haider Ali Kazim @ Asad Kazim is one person or not; in the suit under Section 229 -B of U.P. Zamindari Abolition And Land Reforms Act, 1950 (hereinafter referred to as the 'Act') and for mandamus for directing Assistant Collector to decide the suit expeditiously.
(3.) Mohammad Iqbal Mahmood Kazim (respondent -1) filed a suit (registered as Suit No. 134/155) under Section 229 -B of the Act, for declaring that various sale deeds executed by Shamim Kazim (father of defendant -1) as null and void, declaring the plaintiff as 'bhumidhar with transferable right', recording his name in revenue records and for deleting name of Asad Kazim from the land recorded in khata 00026 of village Raxwara, pargana Karari, district Kaushambi. The plaintiff took plea that land in dispute was ancestral property. In family settlement, it came in share of Asad Kazim and recorded in his name. Asad Kazim died in the age of 11 years and was inherited by the plaintiff. Shamim Kazim (father of defendant -1) executed various sale deeds of the land in dispute on the basis of forged Power of Attorney of Asad Kazim. His transferees also executed sale deed. These sale deeds are null and void.;