- (1.) Heard Sri Bhanu Bhushan Jauhari, for the petitioners and Sri Ram Niwas Singh, for respondent-6.
(2.) This petition has been filed against the orders of Additional Commissioner dated 13.09.1995 and Board of Revenue U.P. dated 28.02.2006, passed in suit under Section 229-B/209 of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').
(3.) Hafizuddin (the father of the petitioners) filed a suit (registered as Suit No. 27/100 of 1986-87) under Section 229-B/209 of the Act, on 29.07.1985, for declaring him as 'bhumidhar with transferable right' of plot 51 (area 16 biswa 15 dhur) of village Daniyalpur, tahsil Chail, district Allahabad (at present Kaushambi). Later on, he filed an application dated 23.05.1989 for amendment of the plaint, seeking relief for ejectment of defendant-1 from the disputed land and delivery of possession over it. He took plea that he was bhumidhar in possession of the disputed land, in which he had planted 30 trees of guava, 7 neem, one kathal, two awala, one jamun, 3 gular, one lisoda, 8 mango and one kaban kachnar and had been taking fruits of the trees continuously. In the year 1983, Alimuddin threatened to take possession over disputed land, then he filed O.S. No. 709 of 1983, for permanent injunction, restraining Alimuddin from interfering in his possession over it, which is pending before Civil Court. During pendency of O.S. No. 709 of 1983, he came to know that Alimuddin got a sale deed dated 23.05.1978 executed, in his favour through some imposter of the plaintiff, which is void. On the basis of sale deed dated 23.05.1978, name of Alimuddin was recorded in revenue record, without any notice to the plaintiff. On these allegations suit has been filed.;