Document Fragment View

Matching Fragments

2. The land, in controversy, is of Khata No.104 Chak No.70 situated in village Bhagtanpur Abidpur @ Ibrahimpur, Pargana Jwalapur, Tehsil & District Haridwar. This land basically was in the name of four persons i.e. Gulam Mohd. Khan, Bundu Khan, Gafur Khan and Sandal Khan. So each one of them had 1/4th of share in the said land. Up to 1384 Fasli/1975 A.D., they all were Sirdars and later on, acquired the rights of Bhumidars. The present contest is mainly between the heirs of Bundu Khan on the one hand and the heirs of Sandal Khan, respondent nos.1 to 3, and the heirs of Gafur Khan, respondent nos.10 to 14 on the other hand. Respondent nos.4 to 9 are proforma.

9. The other contention put forth by learned counsel for the petitioner is that Hasan Khan purchased the National Savings Certificates (NSC) on 27.2.1978 which are available on the record, so it could not have been accepted that he died on 24.2.1973. This argument also does not hold water, in the opinion of this Court too, for the reason that Hasan Khan was the resident of Jwalapur, Haridwar, so there was no reason for him to rush to Laksar town, which is almost 25 kilometers away from Haridwar, and to purchase these NSCs, each worth Rs.10/-. Even the name of Hasan Khan is not clear and it is rather 'Hassan Khan'. So, these certificates also seem to be a mischievous planning on the part of petitioner to grab the land in question.