RAJESH RATHORE Vs. STATE

JUDGEMENT

(1.) This petition questions the judgment and decree of the Sub-Divisional Officer dated 21.01.2001 in a suit under Section 229 of the Uttar Pradesh Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as 'the U.P.Z.A. & L.R. Act). The judgment and decree has been affirmed by the learned Additional Commissioner in appeal and subsequently by the Board of Revenue in revisions, which order is also under challenge. The Petitioners were not a party to the suit and they sought leave to appeal which was rejected and the appeal was also dismissed and affirmed by the Board of Revenue.

(2.) The background of the case is that one Devi Prasad, who was the tenure holder of the land in dispute, was recorded as Bhumidhar. He happens to be the predecessor in interest of Respondents 4 to 11 herein. One Ram Narain filed a suit against Devi Prasad, which was a money suit and upon being decreed, the disputed holdings became subject matter of sale in the execution proceedings of the said suit. The suit being Suit No. 257/60 was decreed and the execution Case No. 93/61 proceeded, in which the sale was held on 11.9.1962.

(3.) The property in dispute came to be purchased by Gokul Prasad. Needless to mention that Gokul Prasad is the brother-in-law of Devi Prasad. The Respondent No. 3 Smt. Vimla Devi is the legal heir of late Gokul Prasad.