Sudhir Narain, J. - (1.) THIS writ petition is directed against the order of the Additional Commissioner. Jhansi Division, Jhansi, dated 30.3.1990 allowing the appeal of the plaintiff -respondent and decreeing the suit and the order of the Board of Revenue dated 30.6.1992, affirming the said order in second appeal.
(2.) THE following pedigree is admitted to the parties : ...[VERNACULAR TEXT OMITTED]... Bhagirathi was tenure -holder of the land in dispute. He died 40 years ago and was succeeded by his widow Smt. Rani Dulaiya. She died in the year 1984. After death of Rani Dulaiya, her daughter Smt. Chukharia, respondent No. 3, filed suit for declaration under Section 229B of U. P. Zamindari Abolition and Land Reforms Act claiming that she is the sole tenure -holder of the land in dispute as her father Bhagirathi was the sole tenure -holder in possession of the land in dispute who died 40 years ago. The disputed plots were inherited by Smt. Rani Dulaiya his widow and mother of the plaintiff. Gokul, the petitioner was wrongly recorded as co -tenure holder of the disputed land with Smt. Rani Dulaiya. Neither the plaintiff nor Smt. Rani Dulaiya had knowledge regarding the entry in favour of the petitioner. She came to know about the aforesaid entry in 1392 -F after death of her mother. She claimed herself as sole tenure -holder in possession of the land in dispute and prayed that the name of Gokul (defendant -petitioner) be expunged.
(3.) THE petitioner filed written statement. He claimed himself as co -tenure -holder of the land in dispute on the allegation that after the death of Bhagirathi, Smt. Rani Dulaiya, his widow succeeded him but she was unable to cultivate the land in dispute herself, hence with the consent of the zamindar the petitioner was admitted by Smt. Rani Dulaiya as co -tenure holder. She executed registered Iqrarnama dated 7.7.1947 declaring that she has admitted, the petitioner as co -tenure holder of the land in dispute along with her with the consent of the Zamindar Smt. Sarju Bai through her Mukhtar -E -Aam Babu Ram. He remained in possession over the disputed land as co -tenure holder throughout with Smt. Rani Dulaiya. He was also recorded over the land in dispute since 1355 -F as co -tenure holder. Some of the land has been sold by Smt. Chukharia, the plaintiff and at the time of final partition, such area of the land will be adjusted against the share of Smt. Chukharia, the plaintiff.;