AMRIT LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Mohd. Arif Khan, learned Senior Advocate, Assisted by Shri Mohammad Aslam Khan, learned counsel representing the petitioners and Shri Jaspreet Singh, learned counsel representing the respondent no.5. These proceedings instituted under Article 226 of the Constitution of India assail the validity of an order dated 27.10.2005 passed by the Board of Revenue in Second Appeal No.11 of 2001-2002 whereby the order dated 18.03.2002 passed by the first appellate court has been set aside, as a result of which the order passed by the learned trial court dated 29.02.2001 stands affirmed.

(2.) For proper appreciation of facts of this case, the following pedigree is relevant to be noticed. PEDIGREE TABLE

(3.) On the basis of pleadings available on record, the facts which can be gathered as pleaded by the respective parties, are that prior to abolition of Zamindari, the original recorded tenure holder of the land in dispute, namely, plot no.171/1M and plot no.162 was one Smt. Zakiya Begum and Nattha the common ancestor of the parties was cultivating the same who became Asami of the land in question. Shri Natha is said to have died in the year 1959. After the death of Nattha, name of Hari Ram, his eldest son was recorded in the revenue records and as per the case set up by the petitioners Hari Ram was recorded as Karta of joint Undivided Hindu Family.