RAJDEV Vs. D.D.C.

JUDGEMENT

(1.) This case is arising out of a proceeding under U.P. Consolidation of Holdings Act, 1953 (for short "Act, 1953") in respect of a dispute regarding plot No. 941, khata No. 110 situated in village Agraha, Tehsil Badlapur, District Jaunpur.

(2.) It is not in dispute that in basic year, name of Ram Chandra s/o Ajudhia i.e. original respondent No. 4 was recorded. The original petitioner before this Court had filed an objection under Sec. 9 of the Act, 1953 claiming to be co-sharer of land in dispute to extent of 1/3. Another objection was filed by one Ratipal Singh and others, claiming to be owners of trees standing on land in dispute.

(3.) The Consolidation Officer, after considering the evidence, oral as well as documentary, on 5/7/1973 rejected the objections submitted by petitioners. The claim of Ratipal (respondent No. 5) in regard to ownership of trees was rejected since no evidence was found. The Consolidation Officer has framed following four issues and relevant findings thereof are mentioned below :