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2009 Supreme(All) 3479

Y.K.SANGAL
RAGHAV RAM – Appellant
Versus
BOARD OF REVENUE, U. P. – Respondent


JUDGMENT

Hon’ble Y.K. Sangal, J.—This petition has been filed for a writ of certiorari to quash the impugned order dated 25.8.2009 passed by opposite party No. 1 Board of Revenue.

2. Triveni Prasad was recorded tenure holder of the property in dispute. He has three sons. Swami Nath, Raghhav and Talukdar. Swami Nath died in the life time of his father. Smt. Vijay Luxmi was his widow. Triveni Prasad died in the year 1984. After the death of Triveni Prasad, name of Smt. Vijay Luxmi, Raghav and Talukdar were mutated in the revenue record. These are undisputed facts. It is said that Smt. Vijay Luxmi had remarried with Lakhpat in the year 1993, so both other sons of Triveni Prasad deceased have applied to mutate their names in place of Smt. Vijay Luxmi under Section 172 of the U.P.Z.A & L.R.Act. A case was registered as case No. 1470 of 1995 in the Court of Tahsildar concerned. Smt. Vijay Luxmi filed objection on 6.12.1995 denying her remarriage and contested the case. During the pendency of this case, Smt. Vijay Luxmi sold her share in the property by sale-deed dated 4.10.1997 in favour of Sri Rajesh (her son in law)and Smt Phoolan wife of Talukdar, other son of Sri Triveni Prasad. Rajesh













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