GAYA DIN Vs. D.D.C.

JUDGEMENT

(1.) Brief facts of the case are that Khata No.116 situated in Village- Sultanpur Khas, Pargana-Garwara, Tehsil- Machhali Shahar, District- Jaunpur was recorded in the name of petitioners' father, Kashi Ram son of Ram Tahal. Against the Basic Year Entry, one objection under Sec. 9A (2) of the U.P.C.H. Act was filed by Shri Ram and Others in respect of Plot No.728 area 38 decimal of Khata No.161 that Kashi Ram is wrongly recorded over the same so his name be recorded after expunging the name of the Kashi Ram. Another objection against the Basic Year Entry was filed by respondent no.2, Smt. Jairagi daughter of Smt. Mangri in respect of Plot Nos.663, 664, 686, 687 and 695 of Khata No.161 to record her name exclusively after expunging the name of Kashi Ram. Respondent no.2 has placed following pedigree in support of her case:-

(2.) The basis of the claim of respondent no.2 (Jairaji) was that Ram Lal has executed Gift deed on 14/4/1950 in favour of his three daughters, namely, Sukhiya, Dukhiya and Mangri, who have died, as such, she is the sole-bhumidhar being daughter's daughter of disputed plots.

(3.) Another Pedigree has been mentioned in Para No.4 of the order of Revisional Court dtd. 11/8/1982 which is mentioned as undisputed, the same is as follows:-