FARJULLI Vs. DEPUTY DIRECTOR OF CONSOLIDATION MUZAFFAR NAGAR

JUDGEMENT

(1.) The challenge raised in this petition is to the order of the Deputy Director of Consolidation dated 22.11.2010. This dispute relates to succession of agricultural plots of Khata Nos. 263, 297 & 298 between the Petitioner No. 1 alongwith other Petitioners and Respondent No. 2. In order to understand the controversy, it is necessary to indicate that the dispute centres around the parentage of the Respondent No. 2. It is undisputed that the land in dispute was the holding of one Ramzan. The Petitioner No. 1 is also undisputedly the married daughter of Late Ramzan whose first wife was Imtiyazi. Ramzan had no other issue other than the Petitioner No. 1. After the death of his first wife, Ramzan was survived by his daughter who is already married. It appears that Ramzan entered into a second marriage with one Smt. Khajani. Smt. Khajani was herself a widow, and from her earlier husband Furzulla, she had two sons Jafru - Respondent No. 2 and Samiuddin. Ramzan during his life time executed sale-deeds in respect of his property in favour of these 2 persons and 1/3rd of his share was sold by him to his own second wife Smt. Khajani.

(2.) Ramzan died long back and the names of Smt. Khajani, Samiuddin and Respondent No. 2 Jafru were accordingly mutated on the basis of the sale-deed executed in their favour that was done during the life time of Ramzan itself. The sale-deed was executed on 2.3.1959.

(3.) From the aforesaid facts, it appears that Petitioner No. 1 according to her own case is not the daughter of Smt. Khajani and claims herself to be her step daughter.