KURSUM Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to issue a writ, order or direction in the nature of certiorari quashing the orders passed by opposite party Nos. 1 and 2 as contained in Annexures-2 and 4 respectively of the writ petition.

(2.) Dispute relates to Khata No. 2 situated in village Gurjar Pergna, Tehsil Amethi, District Sultanpur which was recorded in the name of the petitioner Smt. Kursum in the basic year in record. The land of this khata was purchased by her husband named Abdul Rehman in the year 1963 from Shahadat who was recorded tenure holder of the same. It was pleaded by her that Abdul Rehman (her husband) was living separately from his two brothers namely Suleman and Gulab sons of Sahabdeen. After purchase of the land, her husband solely remain in the possession of the land in dispute and after his death, petitioner (now deceased) came into possession.

(3.) Consolidation proceedings were started in the village. Two brothers of her husband namely Suleman and Gulab Khan respondents No. 3 and 4 filed two separate objections. Suleman claimed that he alongwith Abdul Rehman purchased the land in dispute and he is having half share in it. Respondent No. 4 Gulab raised objections that all the three brothers have purchased the land in dispute and as Abdul Rehman was youngest among them so his name was got entered in the sale-deed in representative capacity out of love and affection. Petitioner submitted reply saying that objections raised by the respondent Nos. 3 and 4 are false. Land was purchased by Abdul Rehman from his own money and her jewellery was also sold for the purpose. It was also brought on record by her that immediately after the purchase wife of Shahadut had also filed suit for cancellation in of the sale-deed No. 236/1964 in the Civil Court but the same was dismissed on 29.1.1966. Respondent Nos. 3 and 4 were not party in that suit. She had also mentioned that Khata No. 99 was in the name of Shekhawat uncle of Abdul Rehman. He died issueless. Name of the respondents No. 3 and 4 was entered in revenue record after the death of Shekhawat. Only when she raised objections for entering her name, than her name was entered in that Khata. She had also mentioned that Abdul Rehman was an educated person and by his tuition income and from money collected after selling her jewellery the property in dispute was purchased. Oral and documentary evidence was produced before the consolidation officer by the parties. One man Bahadur Singh Village Pradhan has stated on oath in favour of the petitioner. The consolidation officer held that respondent Nos. 3 and 4 are co-tenure holder as they are real brother of Abdul Rehman and they lived in the same house. He allowed their objections and ordered for entering their name as co-sharer in the land of Khata No. 2.