KESHAV PD. Vs. D.D.C.

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying for quashing the judgement and order dtd. 25/9/1972 of Assistant Settlement Officer Consolidation, Basti, in Appeal Nos. 71 to 74 and judgement and order dtd. 23/6/1976 passed by Deputy Director of Consolidation, Basti, in revision nos. 47 to 50.

(2.) This writ petition arises out of the objections under Sec. 9-A(2) of the U.P. Consolidation Act, 1953 (for short, the Act). These objections are a total of six. The land in dispute comprises of Gata nos. 12, 14, 115, 70, 196, 11 and 111, all situate in Village Taraina, Pargana Bansi East, District Basti. Of these, three separate objections were filed by Ram Lagan, Ram Lal and Vijay Bahadur, all sons of Chulhai, respondents nos. 3, 4 and 5, respectively, to this petition. All the three objections last mentioned were filed on a common and identical cause of action and for the same relief, that is to say, that revenue entries relating to Gata nos. 12, 14 and 115 (supra) be corrected according to the compromise decree, dtd. 23/11/1959 passed by the Judicial Officer, Bansi, District Basti in Suit No. 270 of 1959, under Sec. 229-B.

(3.) Two objections were filed by the petitioners. The first of these objections related to Gata nos. 70 and 196, and claimed co-tendency rights with the recorded tenure holders. The other objection claimed a 1/6th share in Gata nos. 11 and 111.