(1.) This writ petition has been filed by petitioners who are the three sons of one Ali Baksh s/o Fakira challenging the order passed by the respondent no.1 dated 31.05.2016 in two Revisions filed by respondent nos. 2 to 7 against the orders passed by the Settlement Officer Consolidation dated 06.05.2013 and the order passed by the Consolidation Officer dated 26.08.2010.
(2.) The brief facts necessary for the decision of the controversy are as follows :-
(3.) The dispute relates to Khata no.13 situated in Village Kulha Ataura, Tehsil Hassan Ganj District Unnao. One Madari was the original tenure holder of five plots of land comprising Khata number 13, ad-measuring 1.804 hectare. Madari had two sons, Shukru and Fakira. Shukru died issue-less and his property devolved upon Fakira. Fakira had four sons namely Ali Baksh, Abdul Rahman, Mohammed Ali alias Buddha and Mulla. Mulla, having predeceased his father, was survived by his widow Rasoolan, arrayed as respondent no.2 and a minor son Shamshad Ali, arrayed as respondent no.6. Ali Baksh had three sons i.e. petitioner nos. 1, 2 and 3. Similarly, Abdul Rahman had three sons Fazlur Rehman, Jamaluddin and Basheeruddin. After the death of Fakira, an entry under P.A.-11 was made by the Supervisor Kanungo on 19.02.1983 giving one fourth share of Khata no.13 equally to four sons/ heirs of Fakira, Mullah being survived by his minor son Shamshad through his mother as natural guardian. Later on, Ali Baksh filed an application for mutating his name in the revenue records to the extent of half share on the basis of an un-registered Will dated 25.01.1982. The Tehsildar Hasanganj after issuing notice and hearing all the parties concerned allowed the application for mutation made by Ali Baksh by his order dated 06.08.1991 and directed deletion of the entries made earlier in the revenue records through P.A.-11. The Tehsildar accepted the copy of the Will and directed that half share of Khata number 13 should be recorded in the name of Ali Baksh.
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