VIKRAM NATH,J. - (1.) THIS petition under Article 226 of the Constitution of India has been filed by Smt. Resham Devi, assailing the correctness of the judgments and orders dated 29.9.1981,11.5.1982 and 25.7.1985, passed by the respondent nos.3, 2 and 1 respectively, whereby the suit filed by Smt. Prema Devi for declaration as Bhumidhar of the land in dispute was dismissed but at the same time a direction was given that the name of the petitioner recorded in the revenue records be expunged.
(2.) THE dispute relates to the agricultural property recorded in the name of one Bhoop Singh. On the death of Bhoop Singh, the name of the petitioner (his widow) was recorded over the land in dispute. One Prema Devi alleging herself to be the sister of Bhoop Singh and further alleging that the petitioner was not the legally wedded wife of Bhoop Singh, objected in the mutation proceedings. Mutation proceedings culminated in favour of the petitioner. Whereupon Prema Devi filed a suit for declaration under Section 229-B of the U.P Zamindari Abolition and Land Reforms Act, 1950. Both the parties led evidence before the Trial Court. During the pendency of the suit Smt. Prema Devi died and her sons were substituted. The Trial court framed four issues. First issue was as to whether the plaintiffs were the sister's sons of Bhoop Singh and were entitled to be declared as Bhumidhar. The second issue was as to whether the petitioner Smt. Resham Devi was the wife of Bhoop Singh and, therefore be entitled to succeed his estate. The third issue was as to whether the petitioner Smt. Resham Devi was the wife of one Babu Ram and if so its effect and fourth issue was as to what relief the plaintiffs were entitled. The finding recorded after evidence was that Prema Devi or her sons, had failed to establish that Prema Devi was the sister of Bhoop Singh and as such neither Prema Devi nor her sons were entitled to be declared as Bhumidhar. On the second and third issues the Trial Court recorded a finding that the petitioner Smt. Resham Devi was the wife of Babu Ram.
(3.) IN view of the finding recorded on the first issue, the fourth issue with regard to the relief to which the plaintiffs would be entitled, ought to have been decided in negative, holding that the plaintiffs would not be entitled to any relief and the suit ought to have been dismissed. However, the Trial Court went on to record that neither the plaintiffs nor the defendant were entitled to be declared as Bhumidhar and as Bhoop Singh died issueless and heirless, therefore the land in dispute vested in Gaon Sabha. Vide judgment and order dated 29.9.1981 the Trial Court directed while dismissing the suit that the name of the defendant Smt. Resham Devi be deleted from the revenue records and name of the Gaon Sabha be recorded. Against this judgment of the Trial Court, only the petitioner filed an appeal. No appeal was filed by the heirs of deceased Prema Devi. The Trial Court dismissed the appeal filed by the petitioner vide judgment and order dated 11.5.1982. Second Appeal filed by the petitioner was also dismissed by the Board of Revenue vide judgment and order dated 25.7.1985. It is against this judgment that the present petition has been filed.;