- (1.) Heard Sri B. Malik, for the petitioners and Sri Rishikesh Tripathi, for respondents-9 to 17.
(2.) This petition has been filed against the orders of Sub-Divisional Officer dated 11.01.2010, Additional Commissioner dated 15.05.2010 and Board of Revenue U.P. dated 20.07.2010, passed in suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties is in respect of plots 2247 (area 0.46 acre) and 2250 (area 1.30 bigha) of village, pargana and district Mahoba. Nisar Husain and Mahboob alias Mahmood Ali (the petitioners) filed a suit (registered as Suit No. 28 of 2007-08) under Section 229-B of the Act, on 25.04.2007, for declaring them as 'bhumidhar with transferable right' along with defendants-2, 3 and 4 of the disputed land. They took plea that the disputed land was their ancestral property and recorded as 'sir' of Sajjad Husain and Abdul Wahid, having equal share in it. After death of Sajjad Husain, his 1/2 share was inherited by his sons Mohd. Ishaq and Ibrahim. Mohd. Ishaq, with consent of his wife Smt. Aqeela orally gifted his 1/4 share to his brother Ibrahim. Ibrahim was inherited his sons Mahboob Ali (plaintiff-2) and Mohd. Idris, who was inherited by his sons Lukman, Rizman and Irfan (defendants-2 to 4). Abdul Wahid executed an unregistered will dated 05.11.1964 in favour of Nisar Husain (plaintiff-1), who inherited his 1/2 share after death of Abdul Wahid. Disputed land was recorded in the names of Abdul Wahid and Mohd. Ishaq till 1372 F. By making forgery in khatauni 1372 F, name of Mukunda was recorded. After death of Mukunda names of his sons Dhanni and Nandi were recorded. Dhanni and Nandi sons of Mukunda executed a sale deed of plot 2250 (area 0.178 hectare) in favour of Abdul Hamid son of Shekh Natthu, who executed a sale deed dated 19.11.1991 of this land in favour of Dharm Das and Vinod Kumar (defendants-6 and 7), whose names were recorded without any notice to the plaintiffs. An area of 0.085 hectare of plot 2250 was recorded as road. Dhanni son of Mukunda executed a sale deed dated 21.05.1992 of plot 2247 (area 0.185 hectare) in favour of Vinod Kumar and Pramod Kumar (defendants-13 and 14). Names of the transferees were also recorded over the land in dispute. The plaintiffs and defendants-2 to 4 were through out in possession of the land in dispute and were paying land revenue. Mukunda, his sons and transferres were never in possession of disputed land.;