- (1.) Heard the counsel for the parties.
(2.) The present writ petition has been filed against the order dated 16.6.2017 passed by the Deputy District Magistrate, Sirathu, District Kaushambi decreeing Case No. 321 of 2015-17 registered under Section 176 of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereafter referred to as, 'Act, 1950') at the instance of respondent nos. 4 and 5 for partition of the suit property as well as against the order dated 19.9.2018 passed by the Additional Commissioner (First), Allahabad Division, District Allahabad in Appeal No. C-201702001736 of 2017 and order dated 24.12.2018 passed by the Board of Revenue, Uttar Pradesh at Allahabad, i.e., respondent no. 1 in the Second Appeal registered as Case No. SA/2715/2018 (Computer Case No. AL20180242002715) whereby the Additional Commissioner and the Board of Revenue have affirmed the decree of the trial court.
(3.) The facts of the case are that Sukhu Lal and Shyam Lal who are sons of Medi Lal were the co-tenure holders of the suit property numbered as Plot No. 524 (area 0.482 hect.) and involved in Case No. 321 of 2015-17. The petitioners are vendees of Shyam Lal who transferred his share in the suit property to the petitioners through different sale deeds executed in 2002. The respondent nos. 4 and 5 are vendees of half share of Sukhu Lal in the suit property through sale deed dated 26.12.2012. Case No. 36 of 2002 for partition of the suit property was filed by Sukhu Lal against Shyam Lal which was dismissed by the trial court vide its order dated 3.7.2002. It appears that subsequently Shyam Lal sold his share in the suit property to the petitioners and therefore Sukhu Lal again filed Case No. 127 of 2012 on 23.8.2012 under Section 176 of the Act, 1950 against the petitioners as well as Shyam Lal for partition of the suit property claiming 1/2 share in the same. The fact that Sukhu Lal had 1/2 share in the suit property is admitted. It is further evident from the records that during the pendency of Case No. 127 of 2012, Sukhu Lal executed a sale deed dated 26.12.2012 transferring his share in the suit property to respondent nos. 4 and 5. Consequently, Case No. 127 of 2012 was dismissed by the trial court vide its order dated 18.5.2015 on the ground that the cause of action in favour of Sukhu Lal for partition of the suit property did not survive. The respondent nos. 4 and 5 instituted Case No. 321 of 2015-17 under Section 176 of the Act, 1950 against the petitioners for partition of the suit property claiming 1/2 share in the same on the basis of sale deed dated 26.12.2012. The said suit was decreed by the trial court vide its order dated 16.6.2017 and the decree passed by the trial court has been affirmed by orders dated 19.9.2018 and 24.12.2018 passed by the first and second appellate courts in appeals filed by the petitioners.;