IDRIS Vs. D D C & OTHERS

JUDGEMENT

(1.) Heard Shri R.P. Srivastava, learned counsel for the petitioner. Even though case was taken up in the revised list but no one appeared on behalf of contesting respondents.

(2.) Petitioner Idris, Riyasat Ali and three others were co sharers of agricultural land to the extent of 1/5 share each. On the basis of registered sale-deed dated 26.12.1969 purported to have been executed by the petitioner and Riyasat Ali, and the order dated 06.12.1970 passed by the A.C.O. In case no. 534/246 on the basis of compromise their names were expunged from revenue record and names of purchasers i.e. respondent nos. 2,3, and 4 Ram Narayan and two others were recorded over the land in dispute by the A.C.O.

(3.) Petitioner categorically admits that he had executed sale-deed of his share. The dispute is regarding that part of the sale-deed through which Riyasat Ali was shown to have sold his 1/5 share. The case of the petitioner is that Riyasat Ali did not sell his 1/5th share and after the death of Riyasat Ali petitioner inherited the said share. Against the order dated 06.12.1970 accepting the compromise petitioner filed an appeal before the Settlement Officer of Consolidation (S.O.C.) Basti in the form of Appeal No. 12562 Mohd. Idris Vs. Jhingur and others on 07.12.1978. Riyasat Ali was uncle of the petitioner.