- (1.) Name of Behari, petitioners' father is claimed to have been recorded in basic year alongwith one Samman (respondent no. 3) over Khata No. 51. It is said that land in dispute was originally acquired by Behari and Chhotey.
(2.) The family pedigree of petitioners as well as Samman (Respondent 3), given in para 2 of the writ petition, reads as under:
(3.) Behari filed objection under Section 9 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act, 1953") stating that name of Samman was fictitiously recorded over Khata No. 51 and sale deed dated 29.08.1966 executed by Smt. Khushalo in favour of Samman to the extent of her share is also fictitious and illegal since she had no right. She left the village and re-married to Bhagwan Sahai of Village Rahimapur, Tahsil Moowana, District Meerut. After remarriage Smt. Khushalo filed a suit for ejectment under U.P. Tenancy Act, 1939 (herreinafter referred to as the "Act, 1939") against petitioners' father Behari and sub-tenants. Zamindar ejected Behari and later on under Section 21(2) of U.P. Tenancy (Amendment) Act, 1947 (hereinafter referred to as the "Act, 1947") disputed land was delivered to Behari and he was reinstated. Since then he had been in exclusive possession over suit land and was Bhumidhar of it. Behari also filed a suit under Section 202 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the "Act, 1950") against sub-tenants and got exclusive possession on 20.04.1953. He was in exclusive possession over land in dispute in his own rights and in any case his possession had become perfect by adverse possession also. In 1966 Samman taking advantage of wrong entries standing in the name of Smt. Khushalo, over land in dispute, got a sale deed executed in his favour from Smt. Khushalo. Consequently, Behari filed declaratory suit under Section 229-B of Act, 1950 against Samman. Samman also filed suit under Section 171 of Act, 1950 for partition on the basis of above sale deed. Suit filed by Behari was decreed vide order dated 30.09.1969 and suit of Samman was dismissed. Samman then preferred appeal which was allowed by Additional Commissioner on 08.07.1971. Behari then preferred second appeal before Board of Revenue but due to notification of consolidation operation commencing in village in question, appeal abated.;