MAQBOOL Vs. MST.BAITULA

JUDGEMENT

(1.) The present case is arising out of a proceeding under Sec. 9-A(2) of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred as 'Act of 1953).

(2.) The original petitioners before this Court have claimed their right on a share of their uncle namely, Shareef on basis of a sale-deed executed by vendor (Shareef) on 23/7/1975 in their favour. The sale-deed was challenged at instance of petitioner's uncle. However, since consolidation proceedings commenced, therefore, the suit was abated.

(3.) In the aforesaid circumstances the original petitioners have filed objections in regard to land described in the sale-deed being chak No. 700 of village Birdpur No. 6, chak No. 2 of village Mahdaiya and chak Nos. 56 and 85 of village Marvatiya @ Narchahva, situated in Tehsil Naugarh, District Basti. The aforesaid objections were opposed by contesting respondents. In all there were 10 objections. The Consolidation Officer after considering rival pleadings has framed following five issues :-