Kamlesh Singh filed plaint under section 116 of U.P. revenue code 2006

 

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An application/ Litigation under section 116 of the U.P. Revenue Code 2006, U.P. Act No. 8 of 2012 Last Updated 30th March 2021 to seek its share of Land and other properties from Raghuvar Dayal Singh S/O Bhanu Pratap Singh and restrain him from arbitrary sale of transitory land inherited from inheritors. Petitioner is a son of Raghuvar Dayal Singh having share rights in the entire property inherited from ancestors to  Raghuvar Dayal Singh as inheritance so Kindly grant reprieve to litigant so that his rights may not be encroached from arbitrary action perpetrated by his own father. 

             

                In the court of   Hon’ble Sub divisional Magistrate Sadar

                          District: Mirzapur, Uttar Pradesh

 

Prayer - Please direct concerned staff of Tahsil Sadar to divide the entire properties both movable and immovable unpartitioned land and sold properties illegally by Raghuvar Dayal Singh without consent of stakeholder between stakeholder Kamlesh Singh in the name of father  Raghuvar Dayal Singh S/O Bhanu Pratap Singh. It is my humble request to the Honourable Sir to restrain  opposition party Raghuvar Dayal Singh S/O Bhanu Pratap Singh from selling more transitory land inherited from ancestors without dividing stakeholder Kamlesh Singh and Raghuvar Dayal Singh as illegal acts are being committed by him arbitrarily. 

 

 

 

 

Applicant/litigant/plaintiff cum Petitioner - Kamlesh Singh S/O  Raghuvar Dayal Singh 

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313, Mobile number-8127195424

Versus

Opposition party details are as follows:

1-Raghuvar Dayal Singh S/O Bhanu Pratap Singh

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313  

2-Priya Singh W/O Dileep Singh 

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313  

3-Rita Singh W/O Jaydheer Singh

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313  

4-Rajendra Singh S/O Late Jagdish Singh 

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313  

 

Most revered Sir–Your applicant invites the kind attention of Honourable Sir with due respect to the following submissions as follows:

 1-I pray before the Honourable Sir that  An individual has several rights as a coparcener in an ancestral property. He is the joint owner of the property and if he wants his share, he can file a suit for partition. A coparcener can also acquire a separate property and at the same time has the right to give away or sell to any stranger his share in the ancestral property and the self-acquired property.

Here it must be noted that property in the name of Raghuvar Dayal Singh is not the self acquired property but it is inherited from ancestors to him from generation to generation. This property is not gifted property to Raghuvar Dayal Singh from his father Bhanu Pratap Singh but Raghuvar Dayal Singh acquired this property from Bhanu Pratap Singh as inheritance ipso facto which supports the claim of stakeholder in the property of Raghuvar Dayal Singh as stakeholder is matured enough to claim for his rights encroached by his own father Raghuvar Dayal Singh. 

 

2-I pray before the Honourable Sir that Hon'ble Sir may take a glance of the section 116 Suit for division of holding.

 

U.P. Revenue Code, 2006, U.P. Act No. 8 of 2012 Last Updated 30th March, 2021  116. Suit for division of holding. - A bhumidhar may sue for the division of the holding of which he is a co-sharer. In every such suit, the Court may also divide the trees, wells and other improvements existing on such holding but where such division is not possible, the trees, wells and other improvements aforesaid and valuation thereof shall be divided and adjusted in the manner prescribed. One suit may be instituted for the division of more holdings than one where all the parties to the suit other than the Gram Panchayat] are jointly interested in each of the holdings.

 

3-I pray before the Honourable Sir that Hon'ble Sir may take a glance at the report dated 17/07/2021 attached to this representation. According to the report, the matter is of judicial nature and remedy is available under section 116 of the U.P. Revenue Code, 2006, U.P. Act No. 8 of 2012 Last Updated 30th March,2021. Honourable Sir may be pleased to take the perusal of annexure 1 of this petition cum case. 

 4-It is submitted before the Honourable Sir that complaint number-40019921010584 was submitted by the Kiran Singh and stakeholder on the Jansunwai portal of government of Uttar Pradesh against the partial and arbitrary activities of the opposition party. श्री मान जी इस शिकायत के साथ संलग्न दस्तावेज के साथ प्रथम पेज खाता संख्या १३६ का विवरण है द्वितीय पेज आपके लेखपाल की रिपोर्ट है जो उन्होंने शिकायत संख्या:-40019921010584 में लगा कर निस्तारित कराये  है अब आप खाता संख्या १३६ के सम्बन्ध में पारित आदेश का अवलोकन करे शाखा प्रबंधक इलाहाबाद यू पी ग्रामीण बैंक शाखा श्री निवासधाम दिनांक २६/०२/२०२१८ तहसीलदार सदर दिनांक ०५/०३/२०१८ ग्राम कोठरा मांडा के खाता संख्या १३६ पर दर्ज खातेदार रघुवर दयाल सिंह पुत्र भानु प्रताप सिंह के हिस्से की भूमि बैंक के पक्ष में बंधक की जाती है हस्ताक्षर दिनांक ०५/०३/२०१८ श्री मान जी प्रार्थी  कमलेश सिंह ने कोई कर्ज नहीं लिया है रघुवर दयाल सिंह स्पस्ट करे की वह कर्ज क्यों लिए श्री मान जी हम लोगो का बटवारा ०४ अप्रैल २००१ को मौखिक तौर पर   हो चुका था    श्री मान जी उपरोक्त भूखंड को बंधक मुक्त करिये हमे और वादी  को न्याय दीजिए श्री मान जी रघुवर दयाल सिंह पूर्वजो  से प्राप्त जमीन के संरक्षक है न की मालिक क्योकि वह उनकी कमाई नहीं है नहीं है और अब सभी लड़के बयस्क है व्यक्तिगत लाभ की लिए सामूहिक जमीन को बंधक नहीं रखा जा सकता है

Honourable Sir may be pleased to take the perusal of annexure 2 of this petition cum case.

 

5-It is submitted before the Honourable Sir that Applicant/litigant/plaintiff is facing daily quarrels because of two brothers Dileep Singh,Jaydheer Singh and father Raghuvar Dayal Singh are still alive and key conspirator. There are four sons of the father and two of them having patronage of the father conspire against aforementioned aggrieved resulting in serious physical assaults on our families which may cause fatalities to our family members. Consequently police registered them under various sections of the Indian Penal Code and trial is undergoing before the competent magistrate in the district court. Undoubtedly he must be impartial in the matter, but he is playing a key role in the controversies. He himself instigated the Dileep Singh, Jaydheer Singh and son of Jaydheer Singh to assault on our family members and plaintiff itself . Undoubtedly he must be impartial in the matter as most revered to us God may provide him with a rational mind. O God save. Honourable Sir may be pleased to take a glance of annexure 3.

6-I pray before the Honourable Sir that Hon'ble Sir which canon law allows that father may deprive the son from the ancestral properties in cryptic and mysterious ways as being done by the Raghuvar Dayal Singh S/O Bhanu Pratap Singh quite obvious from the attached document and the following submissions? According to the Hindu Succession Act of 1956, a son or daughter has the first right as the Class I heirs over the self-acquired property of his or her father if he dies intestate (without leaving a will). As a co-partner, an individual also has the legal right to acquire his or her share of ancestral property. This grievance may be considered as a caveat if any ancestral property is Transferred by Raghuvar Dayal Singh S/O Bhanu Pratap Singh as seller in the form of registry or any other way. .Raghuvar Dayal Singh S/O Bhanu Pratap Singh may be declared Bhumidhar with non-transferable rights as he is selling ancestral property without the consent of his son 

 7-It is submitted before the Honourable Sir that According to Bhulekh Document available on the website of Government of Uttar Pradesh attached to this plaint, Raghuvar Dayal Singh S/O Bhanu Pratap Singh village- Kothra Kantit, Tahsil- Sadar, District-Mirzapur  sold its land covering area 0.329 hectare to his daughter in-law Rita Singh W/O Jaydheer Singh on 12/11/2021 village- Kothra Kantit, Tahsil- Sadar, District-Mirzapur as well as Raghuvar Dayal Singh S/O Bhanu Pratap Singh village- Kothra Kantit, Tahsil- Sadar, District-Mirzapur  sold its land covering area 0.329 hectare to his daughter in-law Priya Singh W/O Dileep Singh on 12/11/2021 village- Kothra Kantit, Tahsil- Sadar, District-Mirzapur from his Khata number-136 which had been kept as mortgage to Branch Manager Aryavart Bank Shree Nivas Dham quite obvious from the order passed by the Tahsildar Sadar on 05/03/2018 and entry made by revenue inspector dated 05/03/2018. For more detail, vide attached document

  8-I pray before the Honourable Sir that Raghuvar Dayal Singh S/O Bhanu Pratap Singh  sold its land covering area 0.329 hectare to Rajendra Singh S/O Late Jagdish Singh 

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana, 

District: Mirzapur, Uttar Pradesh, PIN Code-231313.Vide attached document to the paint. Piece of land also sold to one individual more but currently details are not available to the plaintiff but during trial of plaint, details will be submitted.  

 9-It is submitted before the Honourable Sir that Applicant/litigant/plaintiff cum Petitioner filed the plaint in the court of Tahsildar Plaint number-3657/22 and 3658/22 which copy is not being provided on the flimsy ground by the concerned quite obvious from the application made attached to plaint. 

 

 

O God help me. For this, the applicant shall ever pray for you Honourable Sir.

                                                               Affidavit 

I do swear in the name of God, whatever entries made by the Applicant/litigant/plaintiff cum Petitioner in the aforementioned submissions are true to the best of my knowledge and if any thing found wrong, then action must be taken against the pledger in accordance with the law of land. 

Date-25/03 /2022                                                                                                                                                        Yours Sincerely,

                                                                             Kamlesh Singh S/O Raghuvar Dayal Singh 

Address: Village - Kothara Kantit, Balua, Post - Shree Nivas Dham, Police station - Jigana,  District: Mirzapur, Uttar Pradesh, PIN Code-231313, Mobile number-8127195424

Note-Election Identity card issued by the government and Aadhar card of the plaintiff is attached to this p[aint. There are total nine pages annexed to this plaint.