Anil Kumar, J. - (1.) Heard Shri Ripu Daman Sahi, learned counsel for the petitioners, Shri M. E. Khan, learned Addl. Chief Standing Counsel, Shri Anant Chaudhary, learned Standing Counsel, Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mouiddin Khan, learned counsel for the respondent and perused the record.
(2.) Facts as submitted by learned counsel for the petitioners are that the controversy involved in the present case relates to land recorded as Gata No.288, measuring about 2.778 hectare in the name of Mustafa Hussian s/o Mahboob Ali, Munawar Ali s/o Jafar Ali and Andul Hafeez s/o Munawar Ali situated in Village Khalispur, District, Lucknow. After the death of Munnawar Ali, his share was transferred to his son Abdul Hafeez and he became the owner of 2/3 part i.e. 7-6-9 in the land recorded as Gata No.288. Thereafter, he sold some part of his share measuring about 1-9-3 to Abdul Hamid Khan and remaining land vested with him.
(3.) On 22.08.1994, Abdul Hafeez sold his land measuring about 2 Bigha by registered sale deed to father of the petitioners/Mojd. Sarif s/o Mohd. Idris and after execution of the sale deed, father of the petitioner applied for mutation before the Tahsildar, Malihabad.;