Hon’ble S.U. Khan, J.—Heard learned counsel for the parties.

First Writ Petition :

2. The facts of the first writ petition are that Surjit Singh, petitioner No. 4 was tenure holder/bhumidhar of 20.08 acres of land. He filed an application before Tehsildar purporting to be an application for mutation under Sections 33/34/39 of U.P. Land Revenue Act seeking mutation of the names of his three sons, i.e. petitioners No. 1 to 3 over an area of 9 acres of agricultural land (3 acres to each) comprised in Plot No. 6 (M). Naib Tehsildar, Tehsil and District Pilibhit allowed the application on 29.1.1982. The case was registered as Case No. 30 of 1981. Through the said order, 9 acres of land of Surjeet Singh was mutated in the names of his three sons (3 acres each). It was stated by the petitioners that it was done in pursuance of oral family settlement/ partition. A.D.M., (Finance and Revenue), Pilibhit started proceedings for determination of stamp duty on the family settlement. The case was registered as Case No. 30 of 1986-87, State v. Devendra Singh and others. A.D.M. held that family settlement was included in the definition of instrument. It was further held that father transfe