HASMAT ALI Vs. ZAKIR HUSAIN

JUDGEMENT

(1.) JANARDAN Sahai, J. A suit under Section 176 of the U. P. Z. A. and L. R. Act was filed by the respondent Zakir Husain claiming 1/4th share in the property in dispute. The defendants in the suit were the petitioners Hashmat and Saukat and respondent No. 2, Rashid Khan. In the plaint it was alleged that there has been a previous partition between the parties and the parties are in possession on the basis of that partition. The plaintiff claimed that the kuras be made in the manner provided in the map annexed to the plaint (Annexure 1 to the writ petition) in which every party has been given a share in each of the Khasras No. 8/1, 760, 880-Ka and 767. The suit was decreed for 1/4th share. There is no dispute about the share. In the final decree the kuras were prepared by the Lekhpal. Objections were filed by the defendants. The trial Court passed a final decree by its order dated 18-8- 2000 in terms of the kuras prepared by the Lekhpal and dismissed the objections, filed by the defendants. Aggrieved, the petitioners preferred a revision before the Additional Commissioner, Meerut Division, Meerut, who by his order dated 24- 1- 2002, allowed the revision and directed that Kuras be prepared afresh. Against that order a revision was filed by the plaintiff Zakir Husain before the Board of Revenue. The said revision has been allowed by the Board of Revenue by its order dated 10-12- 2003 and the Board of Revenue has maintained the order of the trial Court.

(2.) I have heard Counsel for the petitioner Sri M. Islam and Sri Rohit Agarwal for the respondents.