RADHEY SHYAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Kamlesh Kumar Tiwari, learned counsel for the petitioners, Sri Atul Kumar Sahi, learned counsel for the informant-respondent no.3 and Km Meena, learned A.G.A. for the State-respondent nos. 1 and 2.

(2.) This writ petition has been filed praying for the following reliefs:-

(3.) Briefly stated facts of the present case are that the Khasra-plot no. 219, area 0.402 hectare and Khasra-plot No. 284, area 0.809 hectare of village Jungle Ramgarh @ Chawari, Tappa and Pargana Haveli, Tehsil Sadar, District Gorakhpur were jointly owned by petitioners, their mother Lalita Devi and brother Sita Ram Pandey. Mother Lalita Devi and her three sons, namely, Sita Ram Pa, Radhay Shyam, Shiv Shankar were the owner of the aforesaid land. All the aforesaid co-owners entered into registered agreement to sale dtd. 4/3/2010 with the informant-respondent no.3 with the condition that informant-respondent no.3 shall get the sale deed executed within a year. On 7/4/2012, the informant-respondent no.3 got executed a sale deed from all the co-owners of land except 50 dismile land. Subsequently, the mother of the petitioners, namely, Lalita Devi died. After her death, three brothers, namely, Sita Ram Pandey, Radhey Shyam and Shiv Shankar become co-owners of the 50 dismile remaining land and petitioners have 1/3rd equal share each. On 6/11/2020, the brother of the petitioners, namely Sita Ram executed a sale deed in favour of one Smt. Asha Devi, wife of Munni Lal Yadav. He also sold 0.8420 hectare of land of Khasra-Plot No. 284 out of his share.