YOGENDRA PRATAP SINGH Vs. JITENDRA PRATAP SINGH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order dated 04.07.2013 passed in Misc. Case No.110 of 2013:Yogendra Pratap Singh versus Jeetendra Pratap Singh, and also the order dated 09.11.2020 passed in Civil Appeal No.56 of 2020.

(2.) It is the case of the petitioner that his father Late Kaamta Singh was a police employee who retired in the year 1970. From his earning as well as by taking advance on his G.P.F. account, Kaamta Singh had bought certain land in village Adhar Khera Tahsil Bakshi ka Talab Lucknow and also some land in district Mau. He had inherited some land through family settlement in District Sultanpur also. There is no dispute regarding land situated in Sultanpur as it has been of ancestral stock and divided among the petitioner and his brother Jitendra Pratap Singh equally. The land that was bought by the father of the petitioner in Adhar Khera was fraudulently got registered by Kaamta Singh's brother, that is the petitioner's uncle in his name. The petitioner was educated and working as an Advocate. When consolidation proceedings where initiated in 1996 in village Adhar Khera the petitioner filed objection under Section 9A 2 of the Act and land that had been wrongly got registered in his uncle's name, was registered in the name of the petitioner and his brother. Section 52 publication has been done in Village Aadhar Khera in 2003. The brother of the petitioner was unemployed and looked after farming and the petitioner divided his time between his profession as an Advocate and the farming that was being done at village Aadhar Kheda.

(3.) It is the case of the petitioner that in 1977 after the retirement of the father of the petitioner he divided his property amongst the petitioner and his brother orally. The respondent no.1 was given land situated in village Teghna District Mau where one huge pond of 6 acres had been got dug out by the petitioner's father which was being used for fish farming. The petitioner was given land situated at village Aadhaar Khera Distt Lucknow. The petitioner and respondent no.1 continued in possession of their share and now have become old therefore, were in agreement that the family settlement that was entered into between the two brothers at the instance of Kamta Singh during his lifetime be given legal and binding colour. Hence the petitioner filed a suit for Declaration and Permanent Injunction before the Civil Judge (Junior Division) Havali Lucknow.