SITA RAM Vs. BHARAT SINGH

JUDGEMENT

(1.) These appeals arise from the judgment dated 5th July, 2007 passed by the High Court of Allahabad in setting at naught the inter se rights of the litigating parties initiated under the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950(hereinafter being referred to as the "Act, 1950") arising from the registered deed of exchange dated 2nd March, 1974.

(2.) The brief facts of the case culled out from the record are that Smt. Chando and Sita Ram (since deceased) who were tenure holders of Plot No. 2902 ad-measuring 0.34 decimals situated in Village Mathura Bangar, Tehsil & District Mathura, U.P. sold the subject plot on transfer of consideration to late N.D. Chaudhary(father of respondent nos. 10 & 11) vide registered sale deed dated 24th January, 1973. Late Kesho Ram (father/grandfather of respondent nos. 1 to 8), who was tenure holder of plot nos. 2863 and 2888, with consent, exchanged his plots with plot no. 2902 owned by late N.D. Chaudhary by a registered deed of exchange dated 2nd March, 1974. As a result of the deed of exchange, plot no. 2902 ad-measuring 0.34 decimals was transferred in favour of late Kesho Ram and plot nos. 2863 and 2888 in favour of late N.D. Chaudhary.

(3.) That at the time of field partal (chakbandi) in the village for correction of revenue records conducted by the Assistant Consolidation Officer (ACO) late Kesho Ram(father/grandfather of respondent nos. 1 to 8) filed application under Section 9A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act, 1953") and prayed that his name be recorded on Plot No. 2902 by virtue of the exchange deed executed between him and late N.D. Chaudhary dated 2nd March, 1974.