ZAHIR Vs. SHIMBHOO

JUDGEMENT

(1.) Heard Sri Chaudhary Subhhsh Kumar, assisted by Sri B.D. Mishra, for the petitioner and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Ramesh Pundir, for the contesting respondent-1.

(2.) This writ petition has been filed against the orders of Sub-Divisional Officer, Dadri, Gautam Budh Nagar, dated 23.06.2006, decreeing Suit No. 5 of 2004 filed by Shimbhoo (respondent-1), Additional Commissioner, dated 27.08.2007, dismissing the appeal of the petitioner and Board of Revenue U.P. dated 30.10.2013, dismissing second appeal of the petitioner, in the proceeding arising out of suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).

(3.) The dispute between the parties is in respect of land of plots 225 (area 2-17-0 bigha), 226 (area 1-6-0 bigha), 227 (area 2-5-0 bigha), 228 (area 2-1-0 bigha), and 229 (area 0-11-0 bigha), (total area 9-0-0 bighas) of village Salarpur Khader, tahsil Dadri, district Gautam Budh Nagar. Shimbhoo (respondent-1) filed an application under Section 34 of U.P. Land Revenue Act, 1901, for mutation of his name over the land in dispute, on the basis of registered sale deed dated 16.07.1975. Tahsildar, by order dated 04.08.1976, allowed the mutation application and directed for recording the name of respondent-1 over the land in dispute. The petitioner and his brothers filed an appeal from the aforesaid order, which was allowed by Sub-Divisional Officer, by order dated 02.03.1979. Respondent-1 filed a revision against the aforesaid order, in which the parties entered into compromise and agreed for recording the name of respondent-1. Additional Commissioner, by his order dated 27.11.1984 submitted reference to Board of Revenue U.P., for allowing the revision in terms of compromise. However, Board of Revenue U.P. by its order dated 06.05.1997, did not accept the compromise and remanded the matter to Additional Commissioner, for deciding the revision on merit. After remand, Additional Commissioner, by order dated 28.02.2000, dismissed the revision