Anil Kumar, J. - (1.) Heard Shri Mahesh Prasad Rao, learned counsel for the petitioners, Shri M. E. Khan, learned Standing Counsel, Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mouiddin Khan, learned counsel for the respondents.
(2.) Facts in brief of the present case are that the controversy involved in the present case relates to suit-land i.e. plot no.1842 area 0.260 hect. Situated in village-Barabanki (Urban) (N.Z.A.) Pergana and Tehsil-Nawabganj, District-Barabanki, which lies in Patti Khata Khewat No.2 (Haqiyat Mutfarika Rafiuddin) of Mohal Asgar Ali. Abdul Bari (father of opposite party no.4 Ahmadul Bari) was the Zamindar of the suit-land to the extent of ½ share and after the death of Abdul Bari, opposite party no.4 became Zamindar of the suitland to the extent of ½ share.
(3.) Opposite party no.4/Ahmadul Bari filed an application under Section 33/39 of Land Revenue Act, 1901 (hereinafter referred to as Act) registered as Case No.01/09-10 before the opposite party no.3/Sub-Divisional Officer, Nawabganj, District-Barabanki for expunging the name of the petitioner from the revenue record.;