PHOOL CHAND Vs. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) This writ petition is directed against the order dated 29.3.1978 passed by the Deputy Director of Consolidation, Allahabad in Revision No.271 (Phool Chand Vs Chhaidua) Annexure-1 to the writ petition as also the order dated 25.6.1977 passed in Appeal no. 13 under Section 11 of the U.P. Consolidation of Holdings Act (Chhaidua Vs Phool Chand) by the Settlement Officer Consolidation, Allahabad.

(2.) During the pendency of this writ petition the respondent no. 3 Chhaidua died and has been substituted by his heir and legal representative namely Raghu Raj who also died and has been substituted by his heir namely Kallu. When this writ petition was filed an interim order dated 25.7.1978 had been passed wherein it was provided that the petitioner will not be dispossessed from the land in dispute.

(3.) Sri Suresh Kumar Srivastava along with Sri C.B. Singh learned counsel for the petitioners have submitted that the Village Sanwat, Pargana Hathgaon, District Fatehpur was brought under consolidation operations with the issue of notification under Section 4 of the U.P. Consolidation of Holdings Act in 1380 Fasli. The respondent no. 3 Chhaidua and Smt. Mithunia widow of Sukhdeo the real brother of Chhaidua were recorded as co-tenants in Khata no. 279 and 280 in the basic year. The case setup is that Smt. Mithunia widow of Sukhdeo having only daughters and no son adopted the petitioner Phool Chand in order to continue the male lineage of her husband Sukhdeo and while adopting him all the religious formalities were performed and an adoption deed was prepared and registered with the Sub Registrar, Fatehpur on 19.4.1975.