AMIR SINGH Vs. ADDITIONAL COMMISSIONER AGRA DIVISIONAGRA

JUDGEMENT

(1.) This writ petition has been filed by the petitioners challenging the orders dated 6.9.2007 passed by the Addl. Commissioner, Agra, 8.4.2003 passed by the Sub-Divisional Officer, Mainpuri, 28.3.2003 passed by the Sub-Divisional Officer, Mainpuri and 17.2.2000 passed by Tehsildar, Mainpuri. The facts of the case, in brief, are that the land in question was inherited by one Smt. Bhawani Kunwar from her husband late Ganga Prasad. Smt. Bhawani Kunwar acquired bhumidhari rights and got the names of Pooran Chand, Udai Chand and Brindaban added with her in Khata No. 62 of the basic year; name of Pooran Chand and Brindaban added with her in Khata No. 63 of the basic year and the names of Udai Chand, Pooran Chand and Smt. Chandrawati added with her in the land of Khata No. 64 of the basic year. Khata No. 104 remained recorded in the sole name of Smt. Bhawani Kunwar.

(2.) On commencement of consolidation in the area, the respondent Nos. 5 and 6, namely, Jagdish and Brahmanand filed their objections claiming sole bhumidhari rights in all the khatas. Their claim was that Smt. Chandrawati was daughter of late Bhawani Kunwar, and they are her sons. Brindaban also filed objections claiming to inherit the property of late Bhawani Kunwar through survivorship under section 174 of the U.P. Z.A. & L.R. Act on the ground that Jagdish and Brahmanand, respondent Nos. 5 and 6 are sons of Smt. Chandrawati, the sister of Pooran Chand.

(3.) Pooran Chand also filed objections claiming half share in the land of all the khatas claiming his rights on the basis of a registered gift deed, said to have been executed by late Bhawani Kunwar on 29.4.1961. It is also stated that he had executed a registered sale-deed transferring half of his share to Amir Singh and others.