VIJAI BAHADUR Vs. ADDITIONAL COMMISSIONER (II)

JUDGEMENT

(1.) Heard Sri Ashok Kumar Singh for the petitioner, Standing Counsel for State and Sri S.P. Singh holding brief of Sri Jai Singh for the caveator.

(2.) The writ petition has been filed against the order of Naib Tehsildar dated 15.7.2005 directing for mutation of name of Nand Kishor, respondent-4 on the basis of sale deed dated 9.10.2003 executed by Lallu Prasad and Smt. Lalita Kumari, now represented by respondents-5 to 8 in his favour and the order of Sub Divisional Officer dated 24.11.2006 dismissing the appeal of the petitioner and order of Additional Commissioner dated 21.6.2017 dismissing the revision of the petitioner against the aforesaid order.

(3.) Names of Lallu Prasad and Smt. Lalita Kumari came to be recorded over the land in dispute on the basis of sale deed dated 4.11.1978. It is alleged that sale deed dated 4.11.1978 allegedly executed by Sant Lal son of Maiku. In the meantime, Sant Lal executed another sale deed dated 26.1981 in favour of the petitioner. Sant Lal filed a suit registered as Suit No. 495 of 1983 for cancellation of sale deed dated 4.11.1978. The suit was dismissed by the trial court by judgement dated 16.2.1987. Sant Lal filed an appeal which was also dismissed by the appellate court by judgment dated 14.9.1989. Thereafter Sant Lal filed a second appeal i.e. Second Appeal No. 1194 of 1989 which was admitted and pending before this Court. In the meantime, Lallu Prasad and Smt. Lalita Kumari executed a sale deed dated 9.10.2003 of the disputed land in favour of Nand Kishor, respondent-4. In Second Appeal, one application was filed stating that Lallu Prasad and Smt. Lalita Kumari have already sold the land in dispute to a third person as such they had apprehension that any third person may interfered in their possession over the disputed land. This Court by order dated 7.11.2005 restrained the respondents of the second appeal to interfere in the possession of the appellant over the disputed land during pendency of the appeal.