RAM SUNDER Vs. JOINT DIRECTOR OF CONSOLIDATION, SULTANPUR

JUDGEMENT

(1.) Heard, Shri U.S.Sahai, learned counsel for the petitioners and Shri Ram Dhiraj Yadav, learned counsel for the respondents no.3/1 and 3/2. Learned Standing Counsel is present for the respondents no.1 and 2.

(2.) The instant writ petition has been filed challenging the order dated 26.06.1975 and order dated 24.05.1980 passed by the opposite parties no.1 and 2 respectively.

(3.) The dispute relates to Khata No.35 recorded in the name of opposite party no.3-Ram Niwas in the basic year as 'bhumidhar'. On publication of records, the petitioners had filed objection under Section 9-A(2) of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred as the Act of 1953) alleging that the name of opposite party no.3 was recorded incorrectly, whereas he had no right or title over the land in dispute so his name should be expunged and the Khata should be recorded in the name of the petitioners. The petitioners had stated in their objection that Bhola @ Sheetal was son of Terhi and they relied on the following pedigree:-