- (1.) Heard Sri Ajit Singh, learned counsel for the petitioner and Sri Siddharth Singh, learned Additional Chief Standing Counsel.
(2.) Father of the petitioner Bhagwan Das was a recorded tenure holder of Plot No. 923 having an area of 0.95 acre and Plot No. 933 having an area of 0.28 acre situated in village Dhimri Tehsil, District Muradabad. It appears that one Shwabul Hasan filed an application for mutation of his name in the revenue records in respect of aforesaid plots under Section 33/39 of Land Revenue Act before the Sub-Divisional Magistrate, Sadar Moradabad which was numbed as T-20151354014500 on the ground that aforesaid plot was sold by the father of petitioner Bhagwan Das through sale deed dated 05.09.1963 to one Dori, who later on sold the said plots to one Shivraj by sale deed dated 16.01.1974 and respondent no.4 has purchased the said plot from Shivraj by sale deed dated 30.11.2013.
(3.) On the basis of aforesaid sale deeds, respondent no.4 applied for mutation of his name. On the application of respondent no.4, respondent no.3, i.e., Sub-Divisional Magistrate, Moradabad sought report from the Tehsildar, who submitted his report on 31.08.2015 stating therein that in respect of the aforesaid plots, name of Shivraj was recorded and due to inadvertence and clerical error, name of Bhagwan Das was entered in the revenue records in respect of the aforesaid plots. Thereafter, respondent no.3 sought reply from the petitioner. The petitioner submitted his reply contending therein that sale deeds alleged to have been executed in favour of Dori by his father Bhagwan Das was a forged sale deed as the father of the petitioner has never sold the aforesaid plots to Dori and thus, on the basis of aforesaid sale deed, the title of property cannot pass on to Shivraj, and since Shivraj did not have any valid title, he cannot pass on the same to the respondent no.4 by sale deed. It was further pleaded that the application of the respondent no.4 under Section 33/39 of the Land Revenue Act is misconceived and deserves to be rejected.;