JUDGMENT

Jayant Banerji, J.

Heard Shri Sanjeev Singh and Shri Amit Pathak, learned counsel for the petitioners and Shri R.C. Singh, learned Senior Advocate assisted by Shri N.D. Shukla, learned counsel appearing for the respondent no. 1. Respondent no. 2 is represented by the learned Standing Counsel. Notice on behalf of the respondent nos. 3 and 4 has been accepted by Shri Bhupendra Kumar Tripathi, learned counsel.

2. This writ petition has been filed for setting aside the order dated 17.3.2016 passed by the Board of Revenue, U.P. at Allahabad in Second Appeal No. 917 of 2015 ( Aliyar v. Ram Dular and others). By means of the impugned decision of the Board, (i) a preliminary decree dated 30.11.1998 and the final decree dated 12.8.1999 passed in a suit filed by the petitioners against the respondents under the provisions of Section 229B and Section 176 of the U.P.Z.A. and L.R. Act, 1950 were set aside and (ii) the order dated 20.9.2014 passed by the Assistant Collector (Class I), Varanasi rejecting the restoration application of the respondent no. 1 on the ground of it being barred by the limitation was set aside and, further, (iii) the order passed by the Additional Commissioner (Administration), Varanasi Division, Varanasi dated 7.4.2015 was also set aside.

3. The case of the petitioners is that they and the respondent no. 1 along with one Sambhoo Nath are the heirs of one Mansha Ram. The pedigree of the family is mentioned in paragraph no. 3 of the writ petition, which is as follows:

4. It is stated that Mansha Ram was married to the daughter of one Chirkit resident of Village Bachchhawan (Pashchimpur), Pargana Kaswar Raja, Tehsil and District Varanasi. Chirkit had no male issues. He had landed properties in Village Bachchhawan (Pashchimpur) as well as in Village Khalilpur, which two villages are adjacent to each other. It is stated that after the death of Chirkit, his land and other properties were inherited by Mansha Ram and after the death of Mansha Ram, the land was inherited by his three sons, namely, Sambhoo Nath, Babulal and Mangaroo jointly. All three sons of Mansha Ram became the joint tenants of the aforementioned landed properties belonging to Late Chirkit. It is stated that since Babulal was the Karta in the joint Hindu family, only his name was entered in the revenue records, although the lands were under the joint tenancy of Sambhoo Nath, Babulal and Mangaroo. It is stated that there was mutual understanding between the three brothers and nobody objected to the name of the Babulal as Karta in the joint Hindu family to be entered into the revenue records. It is stated that after the death of Babulal, his son Aliyar became the Karta in the joint Hindu family and only his name was mentioned in the revenue records with regard to the landed properties aforesaid. It is stated that consolidation operations in the villages Bachchhawan and Khalilpur were started by a notification made under the Consolidation of Holdings Act, 1953 followed by a notification under Section 52 in the year 1988. It is stated that even though the whole family was a joint family, to avoid future disputes a memo of partition was prepared on 15.1.1998 which was termed as a family settlement. It is stated that to avoid any further controversy or dispute, an Original Suit No. 197 of 1998 was instituted under Section 176 read with Section 229B of the Zamindari Abolition Act in the court of the Sub-Divisional Officer by the petitioners on 5.