MAHARAJ SINGH Vs. J D C & OTHERS

JUDGEMENT

(1.) Heard Sri N.C. Rajvanshi, Senior Advocate assisted by Sri M.K. Rajvanshi, for the petitioner and Sri Vinod Sinha, for the respondents.

(2.) The writ petition has been filed for quashing the order of Joint Director of Consolidation (respondent-1) dated 13.10.1976, 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 of khata 203 of village Rajapur, pargana Garh, district Meerut. In basic consolidation year, disputed khata was recorded in the names of Maharaj Singh (the petitioner), Ram Lal, Har Lal and Kaley (respondents-4 to 6) (hereinafter referred to as "the respondents") and Lala son of Ishwar. The petitioner filed an objection claiming his 1/2 share in the land in dispute. Subsequently, the petitioner filed another objection claiming his 2/3 share in the land in dispute. It has been stated by the petitioner that the land in dispute was the ancestral property of common ancestor Ishwar, who died leaving behind him four sons, Harbansh, Hari Singh, Lala and Dariyab. Amongst four brothers, Hari Singh died first as issueless as such his share was jointly inherited by remaining three brothers. Thereafter, Harbansh died. Lala was absconding and was not heard for last several years as such share of Lala was inherited by Dariyab alone and his share has become 2/3 in the land in dispute. The respondents contested the objection and stated that Lala was absconding and was not heard for more than 60 years as such share of Lala was inherited by Harbansh and Dariyab jointly. Subsequently, there had been several transactions between the sons of Harbansh and Khachedu due to which share of Khachedu was reduced in the ancestral property. Entire ancestral property was amicably partitioned between the parties and a registered partition deed dated 26.12.1951 was written between the parties and duly signed by Khachedu. Khachedu subsequently executed a sale deed dated 19.12.1959 of the land falling in his share in the partition dated 26.12.1951, in which he had again acknowledged the partition dated 26.12.1951. Khachedu, thereafter, filed a suit (registered as Suit No. 192) under Section 176 of U.P. Act No. 1 of 1951, in the year 1962 in which, the parties again entered into compromise on 07.11.1962, acknowledging the family partition dated 26.12.1951 and the suit was decreed in terms of the compromise. The decree became final and is binding upon the parties.