The legal principle established in the judgment is that bhumidhari rights declared by a certificate under Section 137 of the U.P. Z.A. & L.R. Act cannot be defeated unless duly cancelled or shown to be invalid.

Bala Krishna Narayana, J.

Heard Sri Vishal Khandelwal, Advocate holding brief of Sri Prakash Chandra, learned counsel for the petitioner, Sri D.V. Jaiswal, learned counsel for the respondent nos. 4 and 5 and learned Standing Counsel for respondent nos. 1 to 3.

2. This writ petition has been filed by the petitioners with a prayer to issue a writ order or direction in the nature of certiorari quashing the orders dated 11.08.1978 and 28.07.1980 (Annexure Nos. 1 & 3) passed by respondent nos. 3 and 1 respectively.

3. It appears that petitioner nos. 1, 2 and 3 as well as the respondent nos. 4 and 5 have died during the pendency of the writ petition and their legal heirs and representatives have been duly substituted.

4. The dispute involved in this writ petition pertains to Khata nos. 93 and 41. In the basic year khata no. 93 was recorded in the name of Tulsi Ram son of Ram Lal petitioner no. 3 while Khata no. 41 was recorded jointly in the names of Mahabir father of respondent nos. 4 and 5, Ram Autar father of petitioner nos. 1, 2 and petitioner no.3 Tulsi Ram. Ram Autar and petitioner no.3 Tulsi Ram filed an objection under Section 9 (A)(2) of the U.P. Consolidation of Holdings Act (hereinafter referred to as the "Act") claiming that the common ancestor of the parties Shivdeen had two sons, Janki and Bhola. Bhola had died during the life time of Shivdeen and after the death of Bhola partition had taken place between Janki and Gajadhar son of Bhola. Late Janki was the sole tenant of the disputed khatas which had fallen to his share in the aforesaid partition in which neither Bhola nor his son Gajadhar had any right title or interest nor they were in possession thereof. Janki had one daughter Mst. Angani, who had two sons Ram Autar, father of the petitioner nos. 1 and 2 and Ram Lal, father of petitioner no.3 Tulsi Ram who used to live with their maternal grand father Janki and helped him in cultivating his land. After the death of Janki, Ram Lal and Ram Autar entered into the possession of the disputed khatas on account of their being the legal heirs of late Janki, however since Ram Lal was elder of the two brothers (Agua of the family) his name alone was recorded in the revenue records as tenant of the khatas in dispute in place of his maternal grand father Janki as at the relevant point of time Ram Autar was minor. It was further alleged by Ram Autar and petitioner no.3 in their objection that Mahabir, father of the respondent nos. 4 and 5 after getting his name recorded as a tenant of the disputed khatas in the revenue records fictitiously without the knowledge of Ram Autar and petitioner no.3 in 1333F had obtained bhumidhari sanad in respect of the 2/3 portion of the disputed khatas by depositing ten times of the land revenue and thereafter got his name recorded as bhumidhar of 2/3 portion of khata nos. 41 although Mahabir had no share in the disputed khatas. A prayer was made in their objection that the revenue entry existing in the basic year khatauni showing Mahabir as bhumidhar of 2/3 portion of the disputed khatas be expunged and the names of the petitioners be recorded in his place or in the alternative, in case it was found that Mahabir had any share in the disputed khatas, it be declared that the petitioners jointly and Mahabir individually had 1/2 share each in the disputed khata.

5. The claim of Ram Lal and petitioner no.3 Tulsi Ram was resisted by Mahabir on the ground that on the basis of the revenue entry made in the khatauni of 1333F he along with petitioner no.3 Tulsiram had become co-tenant of the disputed khatas in which he had 1/2 share while Tulsiram had 1/3 share. Petitioner no.3 Tulsiram had abandoned his share and hence thereafter he had became sole tenant of 2/3 portion of the disputed plots and co-sharer of the remaining portion of the disputed plots. Ram Autar had forcibly occupied some plots