JUDGMENT

Hon'ble Sharad Kumar Sharma, J (Oral)

Before venturing into the vitalities of the arguments extended by the learned counsel for the parties to the writ petition, it becomes essential for this Court to precisely deal with the factual backdrop under which the present writ petition has arisen. The facts of the case are that the property, which is a subject matter of consideration in the proceedings under Section 229B, i.e. in a Suit for declaration of title under the Zamindari Abolition Act of 1950, constituted of Khasra No. 118B having an area of 1.455 hectares, Khasra No. 113 having an area of 1.657 hectares and Khasra No. 118A having an area of 0.051 hectares, that means total area in dispute would be 3.163 hectares, which was lying in village Jogipura, Tehsil Bajpur, District Udham Singh Nagar. Hereinafter the property described aforesaid would be called as the property in dispute.

2. Admittedly, the parties to the writ petition or in the proceedings of the Suit for declaration of right have a following common family tree, i.e. one Mr. Mohrari Ram was succeeded by his three sons Dharam Chandra, Darshan Ram and Hakam Chandra. The eldest son Dharam Chand was succeeded by thr