RAJA RAM Vs. JOINT DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) The petitioners have filed the present writ petitions challenging the orders of the Consolidation authorities by which the claim of respondent No. 4 has been accepted regarding his 1/2 share in the disputed khatas.

(2.) The parties are related to each other as given in the following pedigree.

(3.) The dispute relates to two khatas namely, Khata No. 215 and Khata No. 220 situate in village Noorpur, Pergana Sikandara district Allahabad. Even prior to the start of the consolidation operation in the village in question, there was litigation between the parties and their predecessors-in-interest regarding Khata No. 215. In the year 1958 Raja Ram and Sita Ram filed suit under S. 229B of the U.P. -amindari Abolition and Land Reforms Act against Angnu for declaration that they were sole Bhumidhars of Khata No. 215 and the defendant had no right and title to the said Khata. Subsequently, Bodi father of respondent No. 4, was also impleaded as one of the defendants. He filed written statement in that suit and claimed that he had half share in the Khata in question. The trial court decreed the suit by judgment and decree dated 17/07/1958 and it was held that the plaintiffs alone were Bhumidhars of Khata No. 215. Bodi filed Appeal No. 630 of 1958 against the said judgment before the Commissioner, Allahabad Division, Allahabad. The Gaon Sabha and the State of Uttar Pradesh did not file any appeal. On 29th Nov. 1958 all the contesting parties namely, Bodi, Raja Ram, Sita Ram and Angnu filed a compromise application and in the said compromise application, they agreed that 1/3rd share be allotted to Raja Ram and Sita Ram, 1/3rd share to Angnu and 1/3rd share to Bodi. It was further agreed that they may get their names recorded separately but for the time being they may continue on record jointly. The said compromise was verified and the Additional Commissioner decided the appeal in terms of the compromise on 29-11-1958. None of the parties filed any appeal against the said compromise decree and that became final. Sometimes, in the year 1975 the village was notified under Section 4 of the U.P. Consolidation of Holdings Act 1953. In basic year Khatauni, in Khata No. 215, only names of Raja Ram, Jokhu and Angnu were recorded and in Khata No. 220 names of Raja Ram and Angnu were recorded Mahadeo son of Bodi, the respondent No. 4, filed an objection before the Assistant Consolidation Officer under Section 9 of the U.P. Consolidation of Holdings Act that he was a co-Bhumidhar to the extent of 1/2 share in both the Khatas. It was stated that Khata No. 215 was acquired by Shital and after his death it has been inherited by his sons and their branches and Khata No. 220 was acquired jointly by Raja Ram and Bodi and, therefore, he has also 1/2 share in the said Khatas.