Ram Surat Ram (Maurya), J.

1. Heard Sri B. Malik, for the petitioners and Sri Rishikesh Tripathi, for respondents-9 to 17.

2. This petition has been filed against the orders of Sub-Divisional Officer dated 11.01.2010, Additional Commissioner dated 15.05.2010 and Board of Revenue U.P. dated 20.07.2010, passed in suit under Section 229-B of U.P. Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as the 'Act').

3. The dispute between the parties is in respect of plots 2247 (area 0.46 acre) and 2250 (area 1.30 bigha) of village, pargana and district Mahoba. Nisar Husain and Mahboob alias Mahmood Ali (the petitioners) filed a suit (registered as Suit No. 28 of 2007-08) under Section 229-B of the Act, on 25.04.2007, for declaring them as 'bhumidhar with transferable right' along with defendants-2, 3 and 4 of the disputed land. They took plea that the disputed land was their ancestral property and recorded as 'sir' of Sajjad Husain and Abdul Wahid, having equal share in it. After death of Sajjad Husain, his 1/2 share was inherited by his sons Mohd. Ishaq and Ibrahim. Mohd. Ishaq, with consent of his wife Smt. Aqeela orally gifted his 1/4 share to his brother Ibrahim. Ibrahim was inherited his sons Mahboob Ali (plaintiff-2) and Mohd. Idris, who was inherited by his sons Lukman, Rizman and Irfan (defendants-2 to 4). Abdul Wahid executed an unregistered will dated 05.11.1964 in favour of Nisar Husain (plaintiff-1), who inherited his 1/2 share after death of Abdul Wahid. Disputed land was recorded in the names of Abdul Wahid and Mohd. Ishaq till 1372 F. By making forgery in khatauni 1372 F, name of Mukunda was recorded. After death of Mukunda names of his sons Dhanni and Nandi were recorded. Dhanni and Nandi sons of Mukunda executed a sale deed of plot 2250 (area 0.178 hectare) in favour of Abdul Hamid son of Shekh Natthu, who executed a sale deed dated 19.11.1991 of this land in favour of Dharm Das and Vinod Kumar (defendants-6 and 7), whose names were recorded without any notice to the plaintiffs. An area of 0.085 hectare of plot 2250 was recorded as road. Dhanni son of Mukunda executed a sale deed dated 21.05.1992 of plot 2247 (area 0.185 hectare) in favour of Vinod Kumar and Pramod Kumar (defendants-13 and 14). Names of the transferees were also recorded over the land in dispute. The plaintiffs and defendants-2 to 4 were through out in possession of the land in dispute and were paying land revenue. Mukunda, his sons and transferres were never in possession of disputed land.

4. Defendant-6, Defendant-7, Defendants-8 to 12 and Defendants-13 and 14 filed their separate written statements and contested the suit. They took plea that Mukunda was in possession of the land in dispute since before date of vesting and recorded as tenant of 'sir' in revenue records. After date of vesting on 01.07.1961, Mukunda acquired sirdari right. Thereafter, he obtained bhumidhari right on 23.03.1967. Names of Ibrahim and Ishaq were illegally recorded in column-IX of the khatauni 1376 F. Mukunda, therefore, filed a suit (registered as Suit No. 44 of 1970) under Section 209 of the Act, for their ejectment. Trial court dismissed the suit by order dated 25.08.1971. However, Additional Commissioner, by order dated 11.07.1974, allowed the appeal of Mukunda. Second Appeal No. 169 of 1973-74 filed by Ibrahim and Ishaq was dismissed by order of Board of Revenue, U.P. dated 17.10.1989. Thereafter, they did not challenge decree dated 11.07.1974 and handed over possession of disputed land to the heirs of Mukunda, namely Dhanni and Nandi. On the basis of sale deeds executed by Dhanni and Nandi or their transferee, other defendants have become bhumidhar of the land in dispute. After obtaining permission for construction, from competent authority, they had constructed their buildings over it, in 1994. This suit has been filed in 2007 on false allegations.

5. Sub-Divisional Officer framed issues and recorded evidence of the parties. The petit