ZAHUR ALI Vs. NASIBUDDIN

JUDGEMENT

(1.) THIS writ petition assails the grant of bhumidari rights to the respondents in respect of land situated in Khasra No.19/18/2 (10 biswas) and Khasra No.19/23 (1 bigha & 10 biswas) in Revenue Estate of Village Mandawali, Delhi (hereinafter referred to as the subject land).

(2.) IN the second round of litigation, the first respondent was declared as bhumidar by the Revenue Assistant vide order of 3rd December, 1998 (Annexure P -3). In appeal by the petitioners herein, the aforesaid order (Annexure P -3) was set aside. The revision petition preferred by the first respondent herein, was allowed vide impugned order of 23rd February, 2011 (Annexure - P -17) by the Financial Commissioner, Delhi whereby order (Annexure P -3) of the Revenue Assistant, conferring bhumidari rights on the first respondent, was restored.

(3.) FINDING of fact recorded in the impugned order is that as per Khasra Girdawaris of the year 1980 -81, 1984 -85, 1986 -87, the first respondent was in cultivating possession of the subject land and that it remains undisputed that the Sale Deed of the year 1972 executed by Late Shri Samsuddin, (whose legal heirs are the petitioners), was challenged in a civil suit by Late Samsuddin in the year 1975 in which restoration of the possession of the subject land was also sought by him and the said suit instituted by late Samsuddin stood dismissed vide order of 29th November, 1986 (Annexure R -1) by the Civil Court and that aforesaid order (Annexure R -1) has attained finality. In this context, in the impugned order, the Khasra Girdawaries in favour of Late Samsuddin, (which were subject matter of additional evidence) stands negated as by then, Samsuddin was no longer in this world.