RUPAI Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri R.B. Tripathi, counsel for the petitioners and Sri Shashi Ranjan Srivastava, for respondents-3 to 5.

(2.) The writ petition has been filed against the order of Deputy Director of Consolidation (respondent-1) dated 09.09.1985, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to the land recorded in basic consolidation year khatas 36 and 78 of village Pokhar Bhinda tappa Gaura, pargana Silhat, district Deoria. Rupai (petitioner-1) (hereinafter after referred to as the petitioner) filed objections (registered as Case Nos. 1282 and 1283) under Section 9-A (2) of the Act, claiming co-tenancy of 1/2 share in the land in dispute. The petitioner took the case that the land in dispute belonged to Ram Lal, who left behind him his son Rupai and grand sons Abhiraj, Patiraj and Atiraj sons of Swami Nath (respondents-3 to 5) (hereinafter referred to as the respondents). The petitioner has 1/2 share in the disputed land according to the pedigree. The respondents contested the case on the ground that Rupai was not the son of Ram Lal. Rupai was born to Smt. Mudli with Jagesar of village Karaundi, tappa Kachuar, pargana Salempur Majhauli, district Deoria. Jagesar divorced Smt. Mudli, then she remarried to Ram Lal. At the time of remarriage of Smt. Mudli to Ram Lal, Rupai came with Smt. Mudli to the house of Ram Lal. The name of Rupai was Rekha at village Karaundi, tappa Kachuar, pargana Salempur Majhauli, district Deoria. After becoming major Rupai went to village Karaundi, tappa Kachuar, pargana Salempur Majhauli, district Deoria and began to live with his father Jagesar and after death of Jagesar, inherited his properties and his name was mutated in the revenue record.