DEEPAK KUMAR Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri R.C. Singh, the learned Senior Counsel assisted by Sri Yogesh Kumar Singh, for the petitioners and Sri Nipun Singh, counsel for Respondent nos. 12 to 22.

(2.) The brief facts of the case are that land pertaining of Khasara plot No.2695 area 1-1-0, Khasara Plot No.5613 area 0-18-0, Khasara Plot No. 5649 m. area-0/4/10, Kashara Plot No.5651 area 0-12-0, Khasara Plot No.5652 area 0-03-0 Khasar Plot No.5648 area 0-12-0, Khasara Plot No.5649 area 0-1-0 Khasra Plot No.5650 area 010-0, total area 4-2-0 situated at Kasba-Kandhala, Nagar Palika-Kandhala, Pargana-Kandhala, Tehsil-Kairana, District-Muzaffar Nagar (Now Shamli) belong to one Shree Ram. Land belonging to Shri Ram was also situated in village-Aldi. After death of Shree Ram names of his two sons Kishan Swarup and Surendra Swaroop were substituted and name of KishanSwaroop and Surendra Swaroop were recorded in respect to the land situated in village-Kandhala and Aldi during consolidation operation having 1/2 share each but later on the name of Kishan Swaroop (grand father of petitioners) was expunged from the land in dispute on the basis of decree dtd. 14/11/1953 accordingly petitioners' father as well as petitioners filed a suit under Sec. 229-B of U.P.Z.A.&L.R. Act for declaring their share in the property in dispute on the ground that land in dispute is Sir Khud Kast ancestral property of plaintiffs as such they are entitled for the share. Defendants filed their written statement and contested the suit. Trial Court framed the issues and parties adduced evidences in support of their cases but trial court dismissed the plaintiff's suit vide judgment and order dtd. 23/3/2005. Against the judgment dtd. 23/3/2005 passed by trial court petitioners filed an appeal before Commissioner which was heard and dismissed by Additional Commissioner vide judgment dtd. 29/9/2007. Petitioners challenged the judgment dtd. 29/9/2007 before Board of Revenue through Second-Appeal which was dismissed vide judgment dtd. 8/10/2012 hence this writ petition.

(3.) Civil Suit No.44 of 1953 Surendra Prakash vs. Sri Kishan Swaroop was decided by order dtd. 14/11/1953 on the basis of alleged consent of the parties. The proceeding initiated by contesting Respondents in the year 1964 under Sec. 33/39 of U.P. Land Revenue Act on the basis of the decree of civil Court was rejected by order dtd. 30/5/1964 holding that amaldaramad cannot be made on the basis of civil Courts decree dtd. 14/11/1953.