YAGYA NARAIN Vs. D.D.C.

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner.

(2.) IN the basic year entries the petitioner and the respondent no.4 were jointly recorded as co-tenure holders. The petitioner filed an objection that as his father Pargas had purchased the entire land of the khata, he should be exclusively recorded and the name of the respondent no.4 be expunged.

(3.) IT is not in dispute that the khata in question originally belonged to one Ram Kishun. Ram Kishun had two sons, Tulsi and Ganga. Tulsi had executed a sale deed in 1938 in favour of Pargas, father of the petitioner Yagya Narain. Tulsi had only 1/2 share as such he could not have transferred more than his share under the sale deed, and therefore, the petitioner upon the death of his father Pargas would inherit only 1/2 share of the khata in question coming down from Ram Kishun. Barsati is the son of Ganga. Therefore he continued to be recorded as co-sharer with Pargas initially and thereafter with the petitioner Yagya Narain.