JUDGMENT

A.U. Khan, Member. - The fact are : On 8-2-1982 Smt. Karbalai Begum instituted a declaratory law suit under section 229-B, Z.A. and L.R. Act in the Court of Sub-Divisional Officer, Bijnor. The pleading has set forth the contention that land was bhumidari tenure of Yaqub Khan who has executed a 'Tamleek Nama' registered on 28-4-1984 and has gifted the land. That she has accepted the gift and has entered into possession. That Sri Yaqub Khan died in the year, 1979. She moved application for mutation but in the meanwhile defendants had got their names recorded in collusion with Lekhpal. Her mutation application was rejected by Tahsildar and Sub-Divisional Officer. In Commissioner's also her revision stood dismissed. Hence the suit. The relief to declare her bhumidhar tenant in possession has been prayed for.

2. The suit is resisted by Hamid Khan D/1 and Sharif Khan D/2 who filed their written statement on 20-04-1982. Their pleadings has set forth the contention that Smt. Karbalai Begum is not Bhumidhar tenant in possession. They rebut that any 'Tamleek Nama' was executed by Yaqub Khan on 28-4-1964. That they along with their brother Yusuf Khan are in possession as bhumidhar ten