Hon’ble Alok Singh, J (Oral).

Petitioners have filed suit under Section 229-B of the UPZA & LR Act seeking declaration to the effect that the petitioners have matured bhumidhari rights over the property in question, therefore, name of the petitioners be mutated in the revenue records as bhumidhars thereof. It is stated in the plaint that John Kumar Massey, Dilip Kumar Massey and Rajesh Kumar have executed one agreement to sell in favour of the father of the plaintiffs on 30.12.1965 and have delivered possession of the property in part performance of the contract. It is further stated in the plaint that earlier to the agreement to sell dated 30.12.1965 for 21 bigha, another agreement to sale was executed for rest of the 7 bigha land on 12.1.1964. Suit so filed by the plaintiffs/petitioners, herein, was dismissed by the Trial Court by the impugned judgment and decree dated 18.7.2001. First appeal arising therefrom was dismissed by the Commissioner, Garhwal Division, vide judgment dated 30.4.2008 and second appeal was also dismissed by the Board or Revenue, Uttarakhand, vide judgment and decree dated 11.10,2013. Feeling aggrieved, plaintiffs/petitioners, herein, have invoked