SHRIPAT Vs. ADDL COMMISSIONER-1 ALLAHABAD

JUDGEMENT

(1.) Supplementary affidavit filed by the learned Counsel for the Petitioners is taken on record.

(2.) Heard learned Counsel for the parties.

(3.) This writ petition arises out of proceeding for mutation under Section 33/39 of U.P. Land Revenue Act. Land in dispute is situate in Village Kehuni Pargana Kewai Tehsil Handia District Allahabad comprised in Khatas No. 36, 53, 54, 55 and 56. The land in dispute belonged to Smt. Sursati, mother of the Petitioners, who died on 19.09.1991. However before her death she had filed a suit before the civil court challenging a sale deed which was asserted by some parties to have been executed by her and which fact she outrightly denied. Smt. Sursati inherited the agricultural land in dispute from her father Gajroo, who was co-sharer therein along with his brothers. Contesting Respondent No. 3, Matambar is son of Raj Narain, who was son of Kuber. Kuber was real brother of Gajroo (maternal grandfather of the Petitioners). The sale deed alleged to have been executed by the mother of the Petitioners was shown to have been executed on 24.04.1979 in favour of Bechu son of Shiv Nayak. Shiv Nayak like Kuber was also real brother of Gajroo. The said sale deed was challenged by the mother of the Petitioners through Original Suit No. 969 of 1979. The suit was decreed on 23.08.1982 by Additional Munsif, Allahabad. Copy of the said judgment is Anenxure-XI to the writ petition. Against the said judgment and decree, Civil Appeal No. 687 of 1982 was filed by the Defendants of the suit. The appeal was allowed on 29.05.1983 by A.D.J./Special Judge, Allahabad and matter was remanded to the trial court. Against the said order of remand, F.A.F.O. No. 571 of 1983 was filed by the mother of the Petitioners in this High Court. Mother of the Petitioners died on 19.09.1991 and Petitioners got themselves substituted in the F.A.F.O. at her place. Substitution application was allowed on 08.05.1995. The F.A.F.O. was allowed on 04.10.1996, judgment and decree passed by the appellate court was set aside and judgment and decree passed by the trial court was restored meaning thereby that the sale deed dated 24.04.1979 stood cancelled. The said judgment is Annexure-XIII to the writ petition. Thereafter name of Sursati Devi was recorded in the revenue records and immediately thereafter the names of the Petitioners were mutated. The order was passed by Niab Tehsildar on 26.11.1996.