- (1.) WE have heard learned counsel for the pNies.
(2.) THIS Special Appeal is directed against the judgment and order dated 24.01.2013, passed by learned Single Judge, confirming the order of the Board of Revenue dated 10.01.1995, by which it had allowed the reference made by the Collector, Bharatpur, for cancellation of lease of the land in Khasra No. 335, measuring 1 Bigha, 8 Biswa, situate at Anaha Gate, Bharatpur. The Board of Revenue set aside the mutation in favour of other petitioners on the basis of the sale deed, executed in their favour by late Shri Bhoori Singh, the original allottee of the land.
(3.) LATE Shri Bhoori Singh was serving as Postmaster at Bharatpur. In the year 1958, he made a request for allotment of land for cultivating vegetables. The land was recorded as an 'Abadi' land, which could not be allotted to him for cultivation, more so when he was a Government servant, serving as Postmaster. The land was allotted for a period of one year for cultivation, and was so recorded in the revenue records. Late Shri Bhoori Singh sold the land, which was allotted to him for the purpose of cultivation only for a period of one year. A suit for specific performance of contract was filed, which travelled up to the Apex Court, in which the decree passed by the trial Court was set aside. Late Shri Bhoori Singh again transferred the land unsuccessfully, to avoid the proceedings for cancellation of the allotment.;