RAM DASS Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution arises out of a suit instituted by the plaintiff petitioner under Sec. 176 of the U.P. Zamindari Abolition and Land Reforms Act.

(2.) The facts giving rise to this petition are that Mohammad Hanif and Abdul Majid were two co -bhumidhars of the land in suit in equal shares. Mohammad Hanif sold his half share to the defendants opposite parties Mir Ahmad, Shaukat, Nizamuddin and Mohammad Ali. It appears that the other co -tenure -holder Abdul Majid executed an agreement to sell his half share of the property in favour of the plaintiff petitioner. Thereafter he did not execute the sale deed with the result that the plaintiff petitioner had to institute a suit for specific performance of the contract. Thai suit was finally decreed by the civil court and in pursuance of that decree on failure of Abdul Majid a sate deed was executed by the court on 25th September 1958. It is after the execution of this sale deed by the court that the present suit was instituted by Ram Das for partition of his half share.

(3.) This claim of the plaintiff petitioner was contested by the vendees of Mohammad Hanif who alleged that they had entered into possession over half share by virtue of a sale deed executed in their favour by Mohammad Hanif and that over the other half they entered into possession by virtue of an agreement to sell by Abdul Majid on 12th April 1955. It was alleged that Abdul Majid having accepted Rs. 100 as advance had put the vendees in possession over the other half belonging to Abdul Majid.