LAWS(ALL)-2015-8-99

AYODHYA PRASAD Vs. D.D.C. AND ORS.

Decided On August 07, 2015
AYODHYA PRASAD Appellant
V/S
D.D.C. and Ors. Respondents

JUDGEMENT

(1.) Heard Shri Kunal Ravi Singh, learned counsel for the petitioner and Shri C.K. Rai, learned counsel for the respondents.

(2.) The dispute in the writ petition relates to khata nos. 28 and 29 of village Taunga Kalan, Pargana Khairagarh, District Allahabad.

(3.) The petitioner contested the objection alleging that Smt Lohari was unheard of for last twenty five years and she would be presumed to be dead. A bhumidhari sanad was obtained by some imposter and thereafter a sale deed in favour of the respondents was also executed by the same imposter claiming to be Smt Lohari. It was further alleged that proceedings under Section 134 of the U.P.Z.A. & L.R. Act for grant of bhumidhar is sanad in favour of the alleged imposter had been decided against her and upon failing to secure rights on the basis of the bhumidharis sanad, fraudulent entries in the records were made whereupon a suit under Section 229-B and 209 of the U.P.Z.A. & L.R. Act was filed by them which however abated on the start of the consolidation operations.