RAIS AHMAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION MORADABAD

JUDGEMENT

(1.) Heard Sri M. A. Qadeer learned senior advocate, assisted by Sri Mustaqeem Ahmad for the Petitioners and Sri O. P. Singh learned senior advocate assisted by Sri S. K. Rao.

(2.) The dispute involved in the present writ petition is confined to 1/3rd share of Husain Bux and 1/6th shares each of Jameel and Ismail in Khata No. 151 (new Nos. 23 and 24 which comprised of plot No. 249 area 1.75 acres and plot No. 368 area 2.03 acres total area 3.78 acres (hereinafter referred to as disputed khatas and disputed plots) The disputed khataswere recorded in the names of Jameel and Ismail sons of Ahmad Hussain, Yaseen, Yameen and Salim sons of Kallu and Husain Bux son of Ali Husain. It is undisputed that Husain Bux had 1/3 share and Jameel and Ismail had 1/6th share each in the disputed khatas. Husain Bux transferred 0.68 acre of his share in the disputed khatas in favour of Abdul Majeed father of Petitioner Nos. 4 to 6 and Mohammad Jareef Petitioner No. 3 for a sum of Rs. 3,000 by a registered sale deed dated 23.2.1973. By means of the same sale deed the aforesaid Husain Bux transferred his remaining share in disputed khatas measuring 0.58 acre in favour of his wife Smt. Mustafai Begum for a sum of Rs. 3,000.

(3.) Ismail who had 1/6th share in the disputed khatastransferred 0.3 acre of his share in the disputed khatas in favour of Rais Ahmad Petitioner No. 1 and Mohammad Anis Petitioner No. 2 for a sum of Rs. 2,000 by a registered sale deed dated 8.4.1973. By means of another sale deed he transferred his remaining share in the disputed khatas measuring 0.9 acre in favour of his own sons Azhar Hussain, Subrati and Akhtar Hussain and Muzaffar. Smt. Mustafai Begum executed a sale deed on 27.3.1991 in favour of Mobin Husain Respondent No. 2 for a sum of Rs. 1,600 in respect of 0.58 acre land of the disputed khatas which she had purchased from her husband Husain Bux. Azhar Husain, Subrati, Akhtar Husain and Muzaffar sons of Ismail also transferred their share in the disputed khatas which they had purchased from their father vide sale deed dated 8.4.1973 in favour of Mobin Husain by a sale deed dated 27.3.1991 whereupon Respondent No. 2 Mobin Husain acquired 1/2 share in the disputed khatas.