TAHSEEN KHAN Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) THESE two writ petitions were heard together and are being disposed of by a common judgment as was done by all the three Courts below. The essential facts are identical and common questions of law are involved.

(2.) ONE Mohd. Safi and Tehseen Khan (the petitioner) were the recorded co -tenure holders of the land pertaining to Khata No. 123 of Khatauni 1384 -89 Fasli which comprised of Plot Nos. 114, 503 and 685 of Village Ahar Bangar, Tehsil Anoopshahar, District Bulandshahar.

(3.) ACCORDING to the petitioner (Tehseen Khan), Mohd. Safi by way of oral gift/hiba gifted his share in his favour. In pursuance of the said gift (hiba), proceedings for recording the name in the revenue record under Section 34 of the U.P. Land Revenue Act was initiated by him. His name was mutated in the revenue record by the order of Tehsildar dated 28th of May, 1992. Mohd. Safi filed a recall application which was allowed by the order dated 27th of July, 1993 and the order dated 28th of May, 1992 was recalled. The matter ultimately reached to the Board of Revenue and the Board of Revenue by its order dated 1st of June, 1996 has held that the order dated 28th of May, 1992 passed in favour of the petitioner is valid.