PHEKNI Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Smt. Fekani was tenure-holder of some agricultural land. She executed a sale deed on 16.12.1986 of the same in favour of her two daughters, Smt. Molna Devi and Smt. Rambha Devi, who are petitioners in the second and third writ petitions. Smt. Fekani (or Phekani) was petitioner in the first writ petition. She died on 25.12.2007. Both of her daughters have been substituted at her place.

(3.) After execution of the sale deed dated 16.12.1986, Ram Preet Viswakarma, respondent No.4 in the first and second writ petitions and respondent No.3 in the third writ petition filed suit under Section 229-B of U.P.Z.A. & L.R. Act on 22.12.1986, i.e. after six days of execution of the sale deed. (Suit No.520 or 620) In the suit on 15.01.1987, a compromise was filed purporting to be on behalf defendant Fekani. According to the said compromise Smt. Fekani had received some amount and agreed for declaration in favour of the plaintiff Ram Preet. The suit was decreed on the basis of compromise by S.D.O. Sadar, Gorakhpur on 30.01.1987. On 07.03.1988, a restoration application was filed purporting to be on behalf of Fekani. However she later on denied to have filed any such restoration application. The restoration application was dismissed in default on 05.10.1988, against which an appeal was filed, which was also dismissed in default on 24.09.1988. Smt. Fekani again denied to have filed any such appeal.