UDAIRAJ KUMAR Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) This writ petition is directed against the order dated 3-7-1989 passed by the Addl. Commissioner (Judicial), Moradabad Division, Moradabad and the order dated 24-4-1991 passed by the Board of Revenue in Second Appeal No. 110 of 1988 arising out of the suit filed by the petitioners for declaration and partition under S. 229-B and S. 176 of U.P.Z.A. and L.R. Act (hereinafter referred to as the Act).

(2.) The admitted pedigree between the parties is as under :-

(3.) The petitioners filed suit regarding grove (Khata No. 4) situate in village Thakurdwara. Distt. Moradabad. The case of the petitioners was that the grove was ancestral property. It was situate on their ancestral Sir-Khudkasht land. Pooran Prasad, the ancestors of the parties, was originally recorded as sir-khudkasht holder and after his death his 3 sons namely Ram Chandra, Ram Ballabh Saran and Ram Krishna jointly inherited the property. Ram Chandra died issueless in the year 1892 and his share was succeeded by his two brothers namely Ram Ballabh Saran and Ram Krishna and each of them had 1/2 share in the property in question. The defendants, however, got some forged entry during the consolidation proceedings and when they came to know of it, they filed the suit in the year 1986.