AMARNATH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) The present writ petition arises out of a suit for declaration instituted by Ram Deo, father of the petitioner against the contesting respondents Ram Shanker Singh (since deceased), respondent no.4, Gaon Sabha and State of U.P.. The suit was contested by Ram Shanker Singh (since deceased) and Radhey Shyam Singh. A brief resume of the pleadings of the parties is necessary to appreciate the dispute involved in the petition.

(2.) One Hajari was the recorded tenure holder of plot nos. 660/1, 788/1, 788/2, 790/3/1, 790/22 and 790/27 situate in village Tekari. He was married to Smt. Budhana and had no issue.

(3.) The suit giving rise to the present writ petition was instituted by Ram Deo, father of the petitioner on the allegations that Hajari who was Kurmi by caste has adopted the plaintiff Ram Deo in accordance with the customs of the community. Hajari died a few years later and after his death name of Smt. Budhana came to be recorded in the Revenue Record. After the death of Smt. Budhana, name of the plaintiff was recorded as a Sirdar. Smt. Budhana during her lifetime had also executed a registered Will in his favour and after the death of Smt. Budhana, he executed three sale deeds in the capacity of adopted son in favour of other persons. The defendants who are respondents herein by manipulation got their names recorded in the Revenue Record with collusion of the Revenue Officials, therefore, a cause of action to file suit arose for declaration under Sec. 229 B of the U.P.Z.A. & L.R. Act.