SURENDRA CHANDRA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) These criminal miscellaneous applications pertains to the same subject matter between the same parties, so these are being disposed of by a single order.

(2.) Having heard the learned counsel of either parties, it appears that Sri Surendra Chandra and four others in petition no.228 of 2007 are the real brothers and one of the brothers. Sri Amir Chand who is the opposite party no.3 in the said petition executed a registered sale deed on dated 5.8.2005 regarding the land in dispute which is Khasra Nos.51/2, 52, 53 and 571/ having respective area of 0.576 hectare, 0.607 hectare, 0.130 hectare and 0.405 hectare (Total 1.718 hectare) in favour of Sri Navraj Gill, who is opposite party no.4 in petition no.227 of 2007 while he is a petitioner in petition no.331 of 2008.

(3.) Sri Surendra Chandra and brothers filed a revenue suit no.22/515 on dated 9.9.2006 u/s 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 before the Assistant Collector, Haldwani (Nainital) seeking the declaration of their Bhumidhari rights over the land in dispute. Along with the declaration, they prayed for another relief of injunction u/s 229-D of the said Act and the S.D.M. Ramnagar passed a stay order dated 18.9.2006 whereby the said Amir Chand {one of the brothers} as well as co-owners of the land in dispute were restrained to transfer the land in any manner whatsoever. In that revenue suit no.22/515 Sri Navraj Gill was not made a party initially, but has been added as opposite party no.6 on 12.6.2008, i.e. he was added as a party in that revenue suit of 229-B of the Act after passing the stay order by the S.D.M. on 18.9.2006.