DWARIKA Vs. D.D.C. AND OTHERS

JUDGEMENT

(1.) Heard Sri A.N. Bhargava, learned Counsel for the petitioner and Sri Triveni Shankar, learned Counsel appearing on behalf of respondent nos.2/1 to 2/8.

(2.) This writ petition is directed against an order dated 30.03.1987 passed by the Deputy Director of Consolidation, Varanasi in Revision no.251/228/9225, arising from proceedings under Section 9-A (2) of the U.P. Consolidation of Holdings Act, 1953 (for short, the Act). The Deputy Director of Consolidation, Varanasi by his judgment and order aforesaid has reversed the two Authorities below and allowed the objections brought by respondent no.2, Mathura, now represented by his heirs and legal representatives.

(3.) The dispute between parties concerns title to Khata no.287 of Village Jathi, Pargana Kol Asla, Tehsil and District Varanasi. While the petitioner, Dwarka claims exclusive title to the said Khata, the second respondent, Mathura asserts a half share therein. It may be indicated here that the original parties to the lis, both Dwarka and Mathura, sons of Har Nandan are dead; they are represented before this Court, now by their heirs and legal representatives, petitioners nos.1 to 1/6 and respondent nos.2/1 to 2/8, respectively. It is not in issue between parties that Dwarka and Mathura were brothers. For felicity of understanding about the rights of parties, their relationship is shown by the following pedigree: