SUKHUS Vs. RAM DEO

JUDGEMENT

(1.) This writ petition Is directed against the order of the Board of Revenue dated 7.5.1984, allowing the appeal filed by the defendant-respondents and dismissing the suit filed by the plaintiff-petitioners.

(2.) The facts in brief are that the petitioners filed Suit No. 1053 of 1970 for declaration under Section 229B of U.P.Z.A. and L.R. Act that they are bhumidhars of the land in dispute. They relied upon the following pedigree : <FRM> Durga | | | Munni Lal Chunni Lal | ____________________________________________________ | | | Jhagaru Khannu Sukhu -widow| Smt. Shanti Devi Chhedilal</FRM> Their case was that Munni Lal was sole tenure-holder of plot No 534 area 1.03 acre situate in village Sarai Nandan, Pargana Dehat Amanat, district Varanasi. The petitioners are related to Munnilal as given in the pedigree. Munni Lal had executed a gift deed duly registered on 8.9.1965 in favour of the petitioners. Munni Lal died on 1.1.1968. Mangroo, father of respondent Nos. 1 to 5, got his name mutated over the revenue records. The petitioners also filed an application for mutation but that was rejected on 25.4.1970. This has given the cause of action for filing the suit.

(3.) Mangroo, father of respondent Nos. 1 to 5, who was impteaded as defendant No. 1 in the suit, filed written statement. His case was that Munnilal had died in the year 1902. His widow Smt. Jhuna, after the death of Munnilal started living with Chunni Lal who was brother of Munni Lal. Mangroo was son of Munni Lal. After death of Munnilal, his widow Smt. Jhuna along with her son Mangroo who was then minor went in Sagai (second marriage). Khannu and Sudhadhu were bom out of the wedlock of Chunnilal. Chunni Lal executed gift deed in the year 1965 alleging himself to be Munni Lal. The plaintiffs have no right on the basis of the gift deed. It was further <FRM>stated that Durga, father of Munni Lal and Chunni Lal had two wives. He gave the following pedigree :-- Durga | | | From First Wife From Second Wife | | _______________________________ | | | | | | Munni Lal Chunni Lal Khelawan Mangali Mithu GajiMst. Jhuna (wife) | | | | Sudhdhu | | ____________________ | | | | Mangroo Mst. Vipati | | Mst. Jhuna (remarried Chunni Lal) | ______________________________________________ | Mst. | | Jhagru Sudhdhu | Mst. | Khannu VachiyaSukh | Chhedi | Champa | Mst. Shanti</FRM>