JANKI Vs. D.D.C. AND OTHERS

JUDGEMENT

(1.) Heard Sri A.K. Srivastava, learned counsel for the petitioner.

(2.) This petition was filed in the year 1973 and is pending disposal for the last 36 years. The dispute arose regarding ancestral land situate in village Chandpar Tappa Barsipar, Pargana Salempur Majhauli, District Deoria. A widow Mussamat Smt. Janki Kunwari W/o Narayan Lal had claimed that Basudeo Narayan, the other claimant was not her husband's son and he was not born out from the wedlock of Smt. Janki Kunwari and Narayan Lal. It was alleged by the petitioner before the Consolidation Court that a three days old infant boy was found under a Pipal tree near the village. Her husband had taken care of the infant boy, the boy grown up in the same village. In the revenue record, it is admitted by both the parties that the name of Basudeo Narayan was entered in place of Narayan Lal, after his death, Smt. Janki Kunwari claimed that the property was of her husband and Basudeo Narayan was not her son. The Consolidation Court after framing Six issues has dealt with the dispute and answered the issues in favour of Basudeo Narayan. She has placed a Will deed executed on 28.1.1947. In the Will it was mentioned that Basudeo Narayan was three days old infant boy laying under the Piple Tree and the boy was nursed by the family and he was taken care by the foster parents.

(3.) In Khatauni 1365 the name of Basudeo Narayan was recorded. The Consolidation Officer had taken note of litigation which took place under Sec. 176. In that case a compromise was entered into the parties. In this compromise Smt. Janki Kunwari had represented herself as legal guardian of Basudeo Narayan. In the Kutumb register of 1965, Basudeo Narayan was entered as a member of the family of Smt. Janki and Narayan Lal. It was further noted by the Consolidation Officer that the land 47/66 in respect of plot of 47754/69 was sold by Smt. Janki on 27.7.1964. A sale-deed was executed by Basudeo Narayan indicating that Smt. Janki was her legal guardian in the sale-deed dated 27.7.1964. These documents were noted by the Consolidation Officer, even Basudeo Narayan was always shown as son of Narayan Lal. The will was not challenged. However, the S.O.C. in his order dated 28.10.1971 has given a different look at the dispute, the revision preferred by Smt. Janki was allowed, her name was entered in the Khatuni. The name of Basudeo Narayan was expunged from the concerned plots. This order was passed on 28.10.1971. Two revisions were preferred before the D.D.C. Mirzapur, Camp at Deoria. D.D.C. has held in its order dated 25.9.1972 that there cannot be any estoppel against the law, he has recorded finding of fact and conclusions was that Basudeo Narayan was not a legal heir. After the death of Narayan Lal, Smt. Janki being widow was legal heir. The S.O.C.'s order was upheld. However, the Court has held in the revision preferred by one Ram Narain, who had purchased plot No. 754/69 that Ram Narain, the purchaser had pleaded before the Court that the sale-deed was in order that he is a bona-fide purchaser and at the time of transfer of the land, executing the sale-deed Basudev's name was recorded in the revenue records. His rights were recognised as per Sec. 41 of the Transfer of Property Act.