MAHABIR (DECEASED) REPRESENTED THROUGH THE LEGAL HEIRS Vs. DEPUTY DIRECTOR OF CONSOLIDATION, DEORIA AND OTHERS

JUDGEMENT

(1.) This case of the year 1975 has come up for hearing before the Court after about 34 years of its filing. The matter relates to dispute of title in respect of shares of the contesting parties in Khata No. 18 situate in Village Sekhaunadih, Tappa Hirakpur, pargana Silhat, district Deoria.

(2.) Heard Sri H. S. N. Tripathi, learned Counsel for the petitioners and Sri Dinesh Pathak, learned Counsel for the contesting respondents as well as perused the record.

(3.) During the consolidation proceedings, the petitioner, now represented through his legal heirs/legal representatives, had filed objections under Section 9 of the U.P. Consolidation of Holdings Act, inter alio, on the grounds that the property in dispute was acquired by the sons of one Phagu prior to the date of vesting. Before enforcement of the U.P. Zamindari Abolition and Land Reforms Act, the land in dispute was kastkari agricultural land and, therefore, it was joint property of the parties. For convenience, the pedigree and the family tree is being quoted below: Phagu (Five sons) | | | | | | Phirodhar Paltan Rameshwar Jageshwar Parmeshwar | | (No issues) | | | ------------------ Ram Lal | | | | | | | Mahabir Ragnubir | | | Petitioner ------------------------------ | | Now represented by | | | | | L.H./L.R. Adalat Parsan Darshan| | (Resp.) (Resp.) Banshi | | (Resp.)| Algoo | (Did not challenge | the impugned orders ---------------------------------------- (L.H./L.R.) Respondent | | | | Moorat Budhiram Brijlal Jagla (Respondent) (Respondent) (Respondent) | Jailal | Jawahir | Suryamani (Respondent)