GOKUL DECD Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Additional Commissioner. Jhansi Division, Jhansi, dated 30.3.1990 allowing the appeal of the plaintiff -respondent and decreeing the suit and the order of the Board of Revenue dated 30.6.1992, affirming the said order in second appeal.

(2.) THE following pedigree is admitted to the parties : ...[VERNACULAR TEXT OMITTED]...

(3.) THE petitioner filed written statement. He claimed himself as co -tenure -holder of the land in dispute on the allegation that after the death of Bhagirathi, Smt. Rani Dulaiya, his widow succeeded him but she was unable to cultivate the land in dispute herself, hence with the consent of the zamindar the petitioner was admitted by Smt. Rani Dulaiya as co -tenure holder. She executed registered Iqrarnama dated 7.7.1947 declaring that she has admitted, the petitioner as co -tenure holder of the land in dispute along with her with the consent of the Zamindar Smt. Sarju Bai through her Mukhtar -E -Aam Babu Ram. He remained in possession over the disputed land as co -tenure holder throughout with Smt. Rani Dulaiya. He was also recorded over the land in dispute since 1355 -F as co -tenure holder. Some of the land has been sold by Smt. Chukharia, the plaintiff and at the time of final partition, such area of the land will be adjusted against the share of Smt. Chukharia, the plaintiff.