TAHSEEN KHAN Vs. BOARD OF REVENUE AND ORS.
LAWS(ALL)-2010-3-334
HIGH COURT OF ALLAHABAD
Decided on
March 26,2010
TAHSEEN KHAN
Appellant
VERSUS
Board of Revenue And Ors.
Respondents
Referred Judgements :-
MOHD. ALI AND ANR. V. BOARD OF REVENUE,U.P. LUCKNOW AND ORS. [REFERRED TO]RAMAVILASOM GRANDHASALA VS. N S S KARAYOGAM [REFERRED TO]
NANGALI AMMA BHAVANI AMMA VS. GOPALKRISHNAN NAIR [REFERRED TO]
KANNAN VS. V S PANDURANGAM [REFERRED TO]
ABDUL RAHIM VS. ABDUL ZABAR [REFERRED TO]
MAHENDRA SINGH VS. ATTAR SINGH [REFERRED TO]
Cited Judgements :-
RAM BAHADUR VS. COMMISSIONER FAIZABAD DIVISION FAIZABAD [LAWS(ALL)-2015-11-213] [REFERRED TO]JUDGEMENT
Prakash Krishna, J. -
(1.)THESE two writ petitions were heard together and are being disposed of by a common judgment as was done by all the three Courts below. The essential facts are identical and common questions of law are involved.
(2.)ONE Mohd. Safi and Tehseen Khan (the petitioner) were the recorded co -tenure holders of the land pertaining to Khata No. 123 of Khatauni 1384 -89 Fasli which comprised of Plot Nos. 114, 503 and 685 of Village Ahar Bangar, Tehsil Anoopshahar, District Bulandshahar.
The present writ petitions have been filed by the defendants of two suits Being Suit Nos. 196 of 1998 Imtiaz Khan v. State of U.P. and Ors. and 197 of 1998 Mumtaj Khan v. State of U.P. and Ors. both under Section 229B of the U.P.Z.A. and L.R. Act against the present petitioner for declaration of their right over the property in dispute in pursuance of the sale deeds dated 19.8.1993 in respect of the plot No. 503 area 2 -5 -0 bighas and the sale deed dated 7th of April, 1994 in respect of the said plot No. 503 area 8 -1 -7 1/2 bighas executed by Mohd. Safi in their favour on the allegations that they have purchased the plots in question after payment of consideration to Mohd. Safi. They came to know that the defendants got their names mutated in the revenue record fraudulently. The suits were contested by the present petitioner.
(3.)ACCORDING to the petitioner (Tehseen Khan), Mohd. Safi by way of oral gift/hiba gifted his share in his favour. In pursuance of the said gift (hiba), proceedings for recording the name in the revenue record under Section 34 of the U.P. Land Revenue Act was initiated by him. His name was mutated in the revenue record by the order of Tehsildar dated 28th of May, 1992. Mohd. Safi filed a recall application which was allowed by the order dated 27th of July, 1993 and the order dated 28th of May, 1992 was recalled. The matter ultimately reached to the Board of Revenue and the Board of Revenue by its order dated 1st of June, 1996 has held that the order dated 28th of May, 1992 passed in favour of the petitioner is valid.
(2.)ONE Mohd. Safi and Tehseen Khan (the petitioner) were the recorded co -tenure holders of the land pertaining to Khata No. 123 of Khatauni 1384 -89 Fasli which comprised of Plot Nos. 114, 503 and 685 of Village Ahar Bangar, Tehsil Anoopshahar, District Bulandshahar.
The present writ petitions have been filed by the defendants of two suits Being Suit Nos. 196 of 1998 Imtiaz Khan v. State of U.P. and Ors. and 197 of 1998 Mumtaj Khan v. State of U.P. and Ors. both under Section 229B of the U.P.Z.A. and L.R. Act against the present petitioner for declaration of their right over the property in dispute in pursuance of the sale deeds dated 19.8.1993 in respect of the plot No. 503 area 2 -5 -0 bighas and the sale deed dated 7th of April, 1994 in respect of the said plot No. 503 area 8 -1 -7 1/2 bighas executed by Mohd. Safi in their favour on the allegations that they have purchased the plots in question after payment of consideration to Mohd. Safi. They came to know that the defendants got their names mutated in the revenue record fraudulently. The suits were contested by the present petitioner.
(3.)ACCORDING to the petitioner (Tehseen Khan), Mohd. Safi by way of oral gift/hiba gifted his share in his favour. In pursuance of the said gift (hiba), proceedings for recording the name in the revenue record under Section 34 of the U.P. Land Revenue Act was initiated by him. His name was mutated in the revenue record by the order of Tehsildar dated 28th of May, 1992. Mohd. Safi filed a recall application which was allowed by the order dated 27th of July, 1993 and the order dated 28th of May, 1992 was recalled. The matter ultimately reached to the Board of Revenue and the Board of Revenue by its order dated 1st of June, 1996 has held that the order dated 28th of May, 1992 passed in favour of the petitioner is valid.
Copyright © Regent Computronics Pvt.Ltd.