GAYA DIN D Vs. HANUMAN PRASAD D

JUDGEMENT

(1.) This appeal, by special leave, is from the judgment and order of the High Court of judicature at Allahabad in Writ Petition No. 1685 of 1975 dated October 20, 1989. The lis has its origin in the objections filed by the successors of Sheetal Prasad the respondents, under the U. P. Consolidation of Holdings Act, 1953 (for short, 'the Consolidation Act') at the time of "Partal' against the successors of Bala Prasad and Sadhau, the appellants, who were recorded as Khatedars of khatas in dispute. They are Khata Nos. 2, 11,21,23 which, comprise of bhumidhari lands, khata Nos. 28, 39 which consist of sirdari lands of village Akathi and khata No. 8 which is a bhumidhari land in village Chainpur.

(2.) To appreciate the scope of the controversy and the facts giving rise to it, it would be helpful to notice the genealogy of the family of the parties :

(3.) In the objections filed by them, the respondents claimed that they and the appellants are the members of Joint Hindu family and that the entries in the names of appellants are in representative capacity for all the members of the joint family and, therefore, their names should also be recorded as the co-sharers along with the names of the appellants. This claim was contested by the appellants denying existence of joint family and asserting that they are holding the khatas in their individual capacity.