KAMLA PRASAD Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Gopesh Tripathi, learned counsel for the petitioners and Sri R.L. Mishra, learned counsel for all the contesting respondents.

(2.) The dispute relates to agricultural land comprised in Khata No.45. In the basic year (when the consolidation started) the land was recorded in the name of Sarju Prasad, father of the petitioner. Ram Raj and Sherai respondent nos. 3 and 5 filed objections under Section 9-A (2) of the U.P.C.H. Act claiming co tenancy in the land in dispute to the extent of 1/3rd share each alleging that the land belonged to the joint family. The applicants respondents stated that Pran had four sons Bala prasad, Sarju Prasad (petitioners' father), Ram Prasad and Ram Samhar; that Ram Raj one of the objectors was one of the two sons of Bala Prasad and Sherai the other objector was one of the five sons of Ram Samhar and the property was joint family property and the name of Sarju Prasad was entered as Karta of the family in the representative capacity. Sarju Prasad died during the pendency of the proceedings before the C.O. and was substituted by both the petitioners his sons.

(3.) Sarju Prasad contended that he was looking after the agricultural operations of Smt. Yashoda Kunwar and in lieu thereof she let out the property in dispute to him hence he was exclusive tenure holder. C.O. final record, Faizabad where the dispute was registered as Case No.141/2344; Kamla Prasad vs. Ram Raj decided the matter on 17.8.1983 rejecting the objections of Ram Raj and Sherai and holding that Sarju Prasad was the exclusive tenure holder of the land in dispute. As he had died hence it was directed that names of the petitioners should be recorded at his place. Against the said order, Ram Raj and Sherai filed appeal no.931, SOC, Faizabad Sadar allowed the appeal on 21.3.1984. Against the said order, petitioners' filed revision no. 1157, DDC, Faizabad dismissed the revision on 20.8.1985 hence this writ petition.