RAM AWADH Vs. DEPUTY DIRECTOR OF CONSOLIDATION SULTANPUR

JUDGEMENT

(1.) Heard Shri R. K. Singh Raj, holding brief of Shri Bireshwar Nath, learned counsel for the petitioner and Shri Vijay Kumar Mishra learned counsel appearing for the private respondents.

(2.) The petitioner by means of the instant petition, seeks quashing of the order dtd. 17/4/1982 passed by the Settlement Officer of Consolidation, Sultanpur in Appeal No.1449 as well as the order dtd. 27/12/1982 passed by the Deputy Director of Consolidation, Sultanpur in Revision Nos.1495 and 1518.

(3.) The dispute involved in the instant petition relates to Khata No.228 which was recorded in the name of Dwarika son of Nathai in the basic year Khatauni. Ram Kumar filed his objection under Sec. 9-A 2 of the Uttar Pradesh Consolidation of Holdings Act, 1953 claiming co-tenancy rights in the aforesaid disputed Khata. It was pleaded by him that the disputed Khata was acquired by Achaibar, who is the common ancestor. Upon his death, it came to be recorded in the name of Bahktawar being the eldest son of Achaibar and thereafter upon the death of Bahktawar, it was recorded in the name of Nathai who was the Karta Khandan.