KEHAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought the following relief:-

(2.) Relevant facts giving rise to the present writ petition, according to the petitioner, are that the respondent No. 2 moved an application before the Assistant Record Officer Dehradun under Section 154 of the U.P.Zamindari Abolition and Land Reforms Act 1950 read with Section 34 of the Land Revenue Act alleging there therein that the respondent no. 2 had purchased the disputed property bearing plot No. 40/1, measuring 0-18 Acre through different sale deeds in the year 1981 from Pawan Indra Singh and Jogi Arun Singh, both sons of Ravindra Singh. The disputed property consisted of one house and two shops. The respondent no. 2 prayed for mutation of his name on the basis of sale-deed in the revenue records.

(3.) Notices were issued. Some persons including the petitioner Kehar Singh and Bagel Singh, sons of Atma Singh and Daya Singh son of Dayal Singh filed separate objections. In their objection, the petitioner and his brother alleged that the land sought to be mutated in the name of respondent no.2 had already been sold by the father of Pawan Indra Singh namely late Ravindra Singh in his life time on 27- 4-1974 in favour of their father, late Atma Singh and they had been in possession of the land from the date of sale till August 1979. It is also alleged that over the disputed land, there exists house of the objectors, which was constructed by their father after purchase of the land. It is also alleged that the respondent no. 2 Manohar Singh possessed more than 12.5 Acres of land, therefore, legally the name of respondent no.2 cannot be mutated in the revenue record.