TARA DEVI Vs. ADDI COMMISSIONER GORAKHPUR

JUDGEMENT

(1.) Heard Sri R.C. Singh learned counsel for the petitioner and Sri Tariq Maqbool Khan who appears for the respondent no. 3, Gram Panchayat.

(2.) The petitioner has filed this writ petition seeking quashing of the proceedings in Appeal no. 8/2008/K/2014 (Vijay Vs Smt. Tara Devi and others) as also the order dated 30.01.2015 which is an interim order granted in this appeal whereby the operation of the judgment dated 16.1.2.2014 passed in a suit under Section 229-B/164 of the U.P. Zamindari Abolition & Land Reforms Act has been stayed.

(3.) It is case of the petitioner that she is the mortgagee in possession of Plot no. 1219 area 0.308 hectare situated in village Jangal Belwa which was the property of one Ghanshayam, father of respondent no. 4. Ghanshyam is alleged to have executed a mortgage deed with possession in favour of the petitioner to secure a loan. The petitioner alleges to be in possession of the land in question from the date the mortgage was made. It is contended that the mortgage with possession amounted to a sale in view of Section 164 of the U.P.Z.A. & L.R. Act. The petitioner therefore, filed a suit for declaration under Section 229-B/164 of the Act. The Trial Court decreed the suit on 16.12.2014. Against the judgment of the Trial Court respondent no. 4 instituted an appeal before the Additional Commissioner, respondent no. 1. This appeal was entertained holding it to be maintainable and the interim order noticed herein above was granted in favour of respondent no. 4, hence this writ petition.