ROSHAN SINGH ALIAS BUNTI Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Santosh Kumar Srivastava, learned counsel for the petitioner, Sri A.K. Umrao, Advocate, holding brief of Sri Mahesh Narain Singh, learned Standing Counsel appearing for respondent No.4-Gaon Sabha, and Sri G.S. Chauhan, learned Standing Counsel appearing on behalf of respondent Nos. 1, 2 and 3.

(2.) This petition is directed against an order passed by the Board of Revenue, Circuit Court-1, Meerut, dated 08.08.2019, in Revision No.26 of 2012, preferred from an order dated 13.02.2012, passed by the Additional Commissioner, Meerut Division Meerut, in Revision No.44 of 2011, whereby allowing that Revision preferred by plaintiff-respondent Nos. 5 and 6, an order of the Sub-Divisional Officer, Hapur in Suit No.5/2009-10 under Section 229-B U.P. Zamindari Abolition and Land Reforms Act, rejecting the plaint under Order VII Rule 11 CPC has been set aside. The Additional Commissioner set aside the order of the Sub-Divisional Officer, dated 26.11.2010, last mentioned and ordered the suit to be tried on merits. The case of the defendant-petitioner is that the original land holder was one Balbeer Singh, grandfather of the petitioner, who executed a Will in favour of the petitioner dated 06.06.1977, relating to Plot No.217, admeasuing 1 Bigha, 9 Biswa and 6 biswansi. The Will is an unregistered document. It appears that an application seeking mutation on the basis of the said Will, after the death of Balbeer, was filed by the petitioner when succession opened out. The aforesaid mutation case was registered as Case No.19. The said application was allowed vide order dated 13.10.1987, granting mutation in favour of the petitioner, in consequence of which his name came to be recorded over the land in dispute.

(3.) Charan Singh, father of respondent Nos. 5 and 6, filed a Recall Application seeking to recall the order dated 13.10.1987, granting mutation in favour of the petitioner. The said application was rejected by the Tehsildar Hapur, vide order dated 04.02.1989. Charan Singh, again filed a Restoration Application where the parties entered into a compromise on 18.11.1991. The aforesaid compromise was recorded after parties were identified by counsel and a final order was passed on 25.11.1991 by the Tehsildar, Hapur expunging the name of the petitioner's grandfather, Balbeer Singh and recording the name of the petitioner over Plot No.213, admeasuring 1 Bigha, 9 Biswa and 6 biswansi. Charan Singh, father of respondent Nos.5 and 6, filed Suit No.56 of 2006, under Section 229-B U.P. Zamindari Abolition and Land Reforms Act, on 13.07.2006 before the Assistant Collector, First Class, Hapur for a declaration of title over the land in dispute with a prayer that the plaintiff Charan Singh be declared owner on the basis of intestate succession, being a brother of original land holder, Balbeer Singh. It was claimed in the Suit for declaration that the plaintiff had got his name recorded on the basis of the Will dated 06.06.1977 by playing fraud. Pending suit Charan Singh died, leaving behind respondent Nos. 5 and 6, as well as his widow as his heirs and legal representatives. Respondent Nos. 5 and 6 have been substituted in the Suit, in place of Charan Singh. The petitioner filed a written statement in the Suit and also an application under Order VII Rule 11 CPC, asking the plaint to be rejected.