Anil Kumar, J. –

Heard Sri Yashovardhan Swarup, learned counsel for petitioner, Sri M.E. Khan, learned State counsel and perused the record.

2. In brief the controversy involved in the present case is to the effect that Shri Raja Jitendra Singh is the tenure holder of Khasra Plot No.389M measuring 10 bigha, 0 Biswa, 6 biswansi situated in Village-Chandrapur, Pargana-Samrauta, Tehsil Mahrajganj, District-Raebareli (hereinafter referred to as land in dispute).

3. On 02.10.1965, he married with Rani Chandra Kant Singh during the life time of his first wife, Rani Suprabha Devi. Out of their wedlock, petitioner no.1 was born on 16.07.1966 and the petitioner no.2 on 16.07.1967.

4. Raja Jitendra Singh by a registered gift deed dated 01.06.1968 registered in Register No.1 Volume 304 at pages 124/127 at Srl. No.1184 had gifted Khasa Plot No.389M measuring 20 bigha in southern side situated in Village-Chandapur, Pargana Samrauta Tahsil, Mahrajganj, District-Raebareli to the petitioner no.1 under the guardianship of his mother Rani Chandra Kant Singh as he was minor at that time, accepted and possession has been delivered.

5. Further, Raja Jitendra Singh by way of another registered gift d