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