BHOOPAL SINGH Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) THIS writ petition has been preferred for issue a writ, order or direction in the nature of certiorari quashing the impugned judgment and orders dated 17.11.1997, 26.02.99 and 12.05.2003 contained as Annexure Nos. 8, 9, and 11 to the writ petition.

(2.) RELEVANTS facts giving rise to the present writ petition are that the respondent no. 2 Laxman Singh filed Revenue Suit No. 22/33 of 1992 -93 against the petitioners -defendants under Section 209 of the U.P. Zamindari Abolition and Land Reforms Act (for short the 'Act') in the court of Assistant Collector, 1st Class Khatima, with the allegation that the plaintiff was granted land of Khasra No. 63/4, area 8 -11 Bigha, Khasra No. 72/2 area 0 -455 Hectare, Khasra No. 74/3 area 0 -731 Hectare, in all 1 -727 Hectare of village Nalai, Pargana Nanakmatta, Tehsil Sitarganj, District U.S. Nagar on lease with transferable rights by the Deputy Commissioner, Nainital on 1.4.1968. The plaintiff was serving in the Indian Army from 1957 to 1988. In the year 1986, the plaintiff authorized his nephews Sri Chandra Singh and Bhoopal Singh to lookafter the said land. The defendants -petitioners were looking after the land of the respondent no. 2 with his consent. When the plaintiff retired from service and asked the defendants to deliver the possession of the land to the plaintiff for cultivation in January 1989, they did not accede to it. The petitioner -defendants held illegal possession of the land. Hence the suit was filed for possession and recovery of damages.

(3.) THE suit was contested by the defendant -petitioner, who filed their written statement. They asserted that their father took possession over the Banjar land in the year 1965 and he cultivated the same and retained possession thereon. In the year 1967, the father of the petitioners became mentally upset the lease of the land was obtained in the name of real uncle of the petitioners. The plaintiff was never in possession of the disputed land. The defendants also took the plea of a family settlement between the parties by way of amendment in the written statement.