HAR SARAN Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) Petition on hand has been instituted assailing the judgment of Board of Revenue dated 21st October, 1994 by which second appeal was allowed and the decree of the trial court decreeing the suit for declaration under Section 229B of the U. P. Zamindari Abolition and Land Reforms Act filed by Vendees of Ram Ghulam was affirmed.

(2.) In the instant case, causative factor of dispute is the land in dispute owned by Ram Ghulam who was issueless. He was issueless and transferred his rights through sale deed to respondent Nos. 3 and 4 sons of his own brother namely Sharda and annoyed by this act of Har Saran, the petitioner who also happens to be his real brother, kicked up dispute about validity of sale deed and subsequently, his rights as bhumidhars to execute the sale deed.

(3.) The facts beyond the pale of dispute are that Ram Ghulam was the sirdar of the disputed plot i.e., plot No. 113 admeasuring 5-5-0. He deposited twenty times of land revenue for grant of bhumidhari rights on 28.11.1973 attended with an application as envisaged in Section 134 of the U.P.Z.A. and L.R. Act and the same day he executed a registered sale deed in favour of plaintiffs who are arrayed as respondent Nos. 3 and 4 thereby transferring the land in suit in their favour. The defendant- petitioner, the own brother of Ram Ghulam preferred objection to the aforesaid application, which ended up in being rejected on 10.1.1974. A revision preferred against the said order was rejected on 30th April, 1974. The matter was then taken up to Board of Revenue at the instance of defendants. By efflux of time the order granting bhumidhari sanad, attained finality in the wake of rejection of objection. During the pendency of the case arising out of bhumidhari sanad, an amendment came to be Incorporated in Section 137 uide U, P. Act No. 8 of 1977. As a consequence of amendment aforestated coming into force, all proceedings ended up in abatement. It should also be noticed that Rani Ghulam had died intestate and his hetrs obtained bhumidhari certificate in their favour after his death. The plaintiff-vendees Instituted a suit for declaration of their rights on the basis of sale deed executed in their favour by Ram Ghulam. The trial court decreed the suit holding that on the date of deposit of 20 times of land revenue along with an application, Ram Ghulam had attained the status of bhumidhar and he rightly transferred property in favour of plaintiffs and the persons who objected to the application for grant of bLumidhari sanad could not stake claim to any right. In appeal, the decree of trial court was reversed but in second appeal, the decree was affirmed and vendees were pronounced bhumidhars. It is in the above backdrop that the order passed by Board of Revenue has been impugned in the present petition.