SUBBA Vs. DEBIYA

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against the judgment and order of Allahabad High Court dated 3.7.2006 in CMWP No. 5813/85 setting aside the judgment and order of Revisional Court .

(3.) The facts leading to filing of this appeal are: one Smt. Sonia resident of village Chhibab was married in Zari with Mengi. Only two daughters namely Bhagwania and Maiki were born out of the wedlock. The appellants herein Subba and Sudish are the sons of Maiki. After the demise of Mengi, Sonia inherited the property in question from the deceased Mengi. It is alleged that after the death of Mengi one Teni who was working for Sonia as labourer developed illicit relations with Sonia as a result one son Debiya respondent herein was born. Be it noted, as per the version of the appellants Debiya is not the legal son of Sonia and Mengi, therefore, he could not be the legal heir to succeed the inherited property of Sonia. Teni died in the year 1956. Sonia died in April, 1977. In the year 1978, the appellants herein filed objections under the provisions of U.P. Consolidation Holdings Act, 1953 before the Assistant Consolidation Officer, Zari, District Banda for declaration as legal heirs of Sonia and their names to be recorded in the revenue records in place of Sonia. Deviya also filed his objections whereunder he claimed that the disputed property was self-acquired property of his father Teni. The Consolidation Officer vide order dated 7.7.1980 declared Debiya to be the sole legal heir of Sonia and Teni. The appellants herein being aggrieved by the said order filed Appeal No. 1838 before the Assistant Settlement Officer Consolidation, Jhansi Camp-Banda which was dismissed vide order dated 25.9.1980. Thereafter the appellants filed revision No. 1656 which was allowed by the Assistant Director Consolidation vide order dated 19.4.1985 setting aside the judgment and order of Settlement Officer Consolidation and directed the names of the appellants to be recorded in respect of the said property left behind by Sonia. Being aggrieved by the revisional order Debiya-the respondent herein filed writ petition before the High Court. The High Court while allowing the writ petition quashed the judgment and order of Assistant Director Consolidation and restored the order of Consolidation Officer and Settlement Officer Consolidation. Hence this appeal.