NANHEY RAM Vs. RAM DHAR

JUDGEMENT

(1.) Heard Sri D.V. Jaiswal, counsel for the petitioner and Sri Arun Kumar, for respondents-1 and 2 (hereinafter referred to as the respondents).

(2.) The writ petition has been filed against the orders of Settlement Officer Consolidation (respondent-3) dated 16.12.2011 and Deputy Director of Consolidation (respondent-4) dated 13.09.2013, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) The dispute relates to 1/8 share of Ayodhya Prasad (father of the petitioner) in plot no. 300 (area 0-4-0 bigha), 301 (area 6-11-19 bigha) and 455 (area 4-2-3 bigha) (total area 1-7-5 bigha) of village Devapur, tahsil Soraon, district Allahabad. It is alleged that Ayodhya Prasad executed a sale deed dated 05.10.1968 of the land in dispute in favour of the petitioner, who was his minor son through his guardian Smt. Champa Kali (natural mother) for Rs. 1000/-. The name of the petitioner was not recorded over the land in dispute on the basis of the aforesaid sale deed and the name of Ayodhya Prasad continued in the revenue records. Thereafter Ayodhya Prasad executed another sale deed dated 15.01.1969 of the land in dispute in favour of Ram Adhar and Shiv Narain (the respondents) and handed over possession of the disputed land to them. Ram Adhar and Shiv Narain (the respondents) filed an application (registered as Case No. 38/24/75) for mutation of their names over the disputed land, on the basis of the aforesaid sale deed, which was allowed by Sub-Divisional Officer, Soraon, Allahabad by order dated 04.10.1969 and their names were mutated in the revenue record.