Hon’ble Bala Krishna Narayana, J.—Heard Sri N. C. Rajvanshi, Senior Advocate assisted by Sri M. K. Rajvanshi, learned counsel for the petitioner, Sri Nawal Kishore for respondent No. 4 and learned Standing Counsel who has accepted notice on behalf of respondent Nos. 1, 2, 3 and 6.

2. The relevant facts of the case as emerging from the pleadings of the parties are that the respondent No. 4, Smt. Shanti Devi filed Suit No. 46 of 2006 under Section 229 B of U. P. Z. A. & L. R. Act, 1950 before the respondent No. 3 against the petitioner claiming co-tenancy rights to the extent of half share in Plot No. 151, area 2.3460 hectare situate in village-Almaspur, district and Tehsil-Muzaffarnagar (hereinafter referred to as the disputed plot) alleging that the plot in dispute was recorded in the name of Samay Singh who died on 15.12.1980 leaving behind the respondent No. 4 and the petitioner as his heirs. Although after the death of Samay Singh the plot in dispute was liable to be recorded in the names of the respondent No. 4 and the petitioner jointly but taking advantage of the absence of the respondent No. 4 from the village, as she was residing elsewhere with her husband, the peti