BAJRANGI Vs. JOINT DIRECTOR CONS.

JUDGEMENT

(1.) Heard, Ms. Navita Sharma, learned counsel for the petitioner, learned Standing Counsel and Shri Vimal Kishore Verma, learned counsel for the opposite parties no. 4 and 5.

(2.) This writ petition has been filed challenging the judgment and order dated 11. 03. 1999 and 22. 06. 1987 passed by the opposite parties no. 1 and 2 respectively.

(3.) The brief facts of the case for adjudication of the case in hand are that the petitioners had filed the objections under Section 9-A (2) of the U. P. Consolidation of Holdings Act, 1953 (here-in-after referred as the Act of 1953) on 16. 09. 1985 alleging therein that the land of the alleged Khata No. 414 is their ancestral property. It was earned jointly by three real brothers namely Lachhiman, Bhagwati and Raj Bahadur. Lachhiman was the eldest and Karta of the family therefore his name was recorded. It was submitted that they have 1/3rd share, upon which they are in possession and are cultivating the same. They are co-sharers in the aforesaid Khata No. 414 having numbers 1389 and 1045 situated at Gram Chilauli, Pargana Mohandganj, District- Raebareli. The opposite parties no. 4 and 5 had also filed their objections under Section 9-A (2) of the Act of 1953 alleging therein that the disputed land was self acquired by Lachhiman from his own income after separation. His brothers have no share in the said land. They have received the said land through a sale deed from Lachhiman and they are in possession after the sale deed and mutation and are Bhumidhar. Accordingly, they denied the rights and title of the petitioners and others and prayed for the rejection of the request for partition and to continue the entry in the name of the opposite parties no. 4 and 5.