RAM NARESH SINGH Vs. DY. DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) HEARD Sri D.S.P. Singh and Sri C.S. Sharma, counsel for the petitioner and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Shailendra Kumar Singh, counsel for the respondents.

(2.) THE writ petition has been filed against the orders of Consolidation Officer (respondent -3) dated 28.11.1980, Settlement Officer Consolidation (respondent -2) dated 18.09.2003 and Deputy Director of Consolidation (respondent -1) dated 18.07.2013, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).

(3.) THE objection of the petitioner was contested by Smt. Champa as well as her transferees. It has been stated by Smt. Champa that branches of Rakshpal Singh and Bhairo Singh were separated long before 1291 F. The land in dispute was exclusively recorded in the name of Rakshpal Singh in 1291 F. After his death, it was recorded in the names of Mahadeo Singh and Dwarika Singh in 1307 F. Thereafter name of Smt. Gujrati widow of Mahadeo Singh was recorded since 1334 F. Dwarika Singh also surrendered his share in her favour through the deed dated 16.08.1945. Dwarika Singh died on 11.12.1945 and his cremation was performed by Smt. Gujrati. Had the petitioner or his father living jointly, it was improbable for a lady to perform cremation of her husband's brother. Smt. Basanti was the daughter of Smt. Gujrati, who was married to Kausik Singh and Vijay Bahadur was her son. Smt. Basanti and Vijay Bahadur were living with Smt. Gujrati through out her life, in her house and looking after her. Smt. Gujrati executed a registered will dated 10.09.1943 in favour of Vijay Bahadur, her daughter's son. Smt. Gujrati died on 15.05.1958 and was inherited by Vijay Bahadur. Unfortunately, Vijay Bahadur also died on 02.07.1958 and was inheritted by his widow Smt. Champa. After death of Smt. Gujrati, lekhpal of village Ekla and Belwariya mutated the name of Vijay Bahadur on the basis of PA 11 and after his death the name of Smt. Champa was also mutated in the revenue records of villages Ekla and Belwariya. The properties of village Belwariya was sold by Smt. Champa and the names of her transferees were mutated over it and objections of the petitioner were rejected. Smt. Basanti died on 03.07.1972. Smt. Champa Devi was the heir of Smt. Basanti. The petitioner is not the heir of Mahadeo Singh and Dwarika Singh. There was nothing on record to prove that Bhairo Singh was son of Sujan Singh.