LAXMAN AND ORS. Vs. PARSHADI AND ORS.

JUDGEMENT

(1.) HEARD Sri Y.S. Bohra, for the petitioners and Sri Nitin Kumar Agrawal, for respondent -2/1. The writ petition has been filed against orders of Sub -Divisional Officer dated 27.7.2002, decreeing suit for declaration of respondents -1 and 2, as owner of the land in dispute and directing ejectment of the petitioners, Additional Commissioner dated 16.4.2004 and Board of Revenue, U.P. dated 6.5.2015, dismissing the appeal and second appeal of the petitioners, in the suit under U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the Act).

(2.) THE dispute related to old plots 784, 800, 801 and 802 (new plot 572) (total area 3 -7 -5 bigha) of village Afzalpur, majra Diwai, tahsil Anoopshahar, district Bulandshahar. Shobha son of Jorawar (now represented by the petitioners) was bhumidhar of the land in dispute. Initially Shobha executed a mortgage deed dated 30.9.1967 of plots 800 and 802 (area 3 -2 -8 bigha) in favour of Parsadi son of Chhiddu, for the period of 10 years. Thereafter, Shobha obtained permission to sell from Settlement Officer Consolidation and executed a sale deed dated 21.1.1969 of the land in dispute in favour Parsadi son of Umed and Horam son of Kalyan (now represented by respondents -1 and 2/1). Parsadi son of Umed and Horam filed an application for mutation of their names over the land in dispute before Consolidation Officer. Shobha filed an application dated 10.6.1969 before Consolidation Officer, giving his consent for mutation of the names of the respondents. Consolidation Officer by order dated 18.6.1969 allowed the application of the respondents and mutated their names over the land in dispute.

(3.) PARSADI son of Chhiddu filed an appeal from the order of Consolidation Officer dated 18.6.1969, which was dismissed by Settlement Officer Consolidation by order dated 10.3.1972. Parsadi son of Chhiddu filed a revision (registered as Revision No. 47) against the aforesaid order. Deputy Director of Consolidation by order dated 3.8.1972 held that as mortgage of bhumidhari holding is prohibited as name of Parsadi son of Chhiddu cannot be mutated over the land in dispute on the basis of mortgage. The witnesses of Parsadi son of Umed and Horam could not prove their possession over the land in dispute which was necessary for mutation, as such order of Consolidation Officer directing to mutate their names was illegal. On these findings he allowed the revision and restored the entry of the name of Shobha over the land in dispute. The respondents filed a writ petition (registered as Writ Petition No. 5337 of 1972), which was disposed of with direction that order of Deputy Director of Consolidation would be subject to decree passed in Civil Suit No. 276 of 1969, treating it as an order passed in mutation proceeding, which is a summary proceeding.