SAHAB LAL Vs. STATE OF U.P

JUDGEMENT

(1.) The petitioner herein claims to be the recorded tenure holder of Gata No.840 measuring 1.265 hectares. The contention of counsel for the petitioner is that father of the petitioner Late Bihari was granted patta for agricultural purposes way back on 8.7.1970 with the approval of Sub Divisional Magistrate, however he is not able to show any proof in this regard. Learned counsel is also not able to show that there was any entry in favour of his father late Bihari in the revenue records in respect of the land in question, however, he has drawn attention of the court to an alleged order dated 4.7.2008 by which his (petitioner's) name was recorded in respect of the aforesaid land as is mentioned in the photocopy of the khatauni pertaining to 1400-105 fasli allegedly by striking of the name of his father.

(2.) The contention of learned counsel for the petitioner is that his father acquired the rights of bhumidhar with transferable right way back 21.2.1998 although he was not able to place the order by which it is said that the right was acquired. However, one Kamal Kishore who is arrayed herein as opposite party no.7 it is said got an order of Naib Tehsildar dated 19.9.1995 for recording his name in respect to the aforesaid land in dispute which was part of gata no.382 based on a will said to have been executed by petitioner's father late Bihari son of Ram Lal and based on the said order he got his name mutated in respect of the said land recently on 28.6.2019, fraudulently so as alleged.

(3.) The petitioner, however has not annexed any admissible proof to establish that his father had died after 1995 nor there is any such pleading.