BODHAN SINGH Vs. STATE

JUDGEMENT

(1.) This Criminal Revision has been filed against judgment and order dated 15.06.2005 passed by S.D.M., Lalganj, District Mirzapur under Sec. 145 Crimial P.C. releasing the attached property in favour of opposite parties No. 2 to 4 in Case No. 7/10/11/14/15 of 1995.

(2.) I have heard Mr. Durga Singh, counsel for the revisionist and Mr. S.K. Mishra, counsel for the private opposite parties along with Additional Government Advocate for the State. I have also perused the judgment impugned dated 15.06.2015 and the material placed on record by means of various affidavits filed by the petitioner and private opposite parties.

(3.) The revisionists have set up a case that revisionists - Bodhan Singh, Bharat Singh and Raghu Nandan Singh sons of Shitla Prasad Singh were in peaceful possession of the plot Nos. 201, 202, 190, 198 and 203, total 14-14-0 Bighas on the basis of adverse possession of their grand-father. In 1333 Fasli i.e. much before Zamindari abolition the grand-father of revisionist was recorded as Class-9 occupant of the aforesaid plots; the recorded tenure-holder of which was Smt. Phoolwanti wife of Ram Sajivan Pal. Under Sections 209 and 210 of U.P.Z.A. & L.R. Act, the revisionist's grand-father and father continued to be in possession of the land of said plots measuring 14-14-0 Bighas and even filed a suit for declaration of their rights under Sec. 229-B of the U.P.Z.A. & L.R. Act. By a decree dated 14.01974 in pursuance of a compromise with Smt. Phoolwati, the recorded tenure-holder, the name of Shitla Prasad Singh, the father of revisionist, was recorded as Bhumidhar over 3-8-0 Bighas land of the said plots in question. Over the rest of the plots adverse possession of Shitla Prasad Singh continued although the recorded tenure-holder continued to be Smt. Phoolwati.