RAM DULAR Vs. JOINT DIRECTOR, CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) IN this writ petition the disputed khatas are 111, 120 and 126. Over khata No. 111 Ram Dular and Ram Kumar along with others were recorded in the basic year. Ram Kumar had filed an objection claiming 1/4 share in the aforesaid khata and had stated that the name of Ram Dular was wrongly recorded. According to Ram Kumar the aforesaid khata was subject matter of gift deed dated 24.8.1926 and Ram Kumar alone was entitled to the share of his grand -father Durga. Over khata No. 120 Ram Kumar and Ram Dular along with Ram Dhan and Sampat were recorded. In the aforesaid Khata Ram Kumar had claimed 2/3 share and Ram Dular had claimed along with Ram Kumar 2/3 share in the aforesaid khata. It appears that in this khata also Ram Kumar denied the claim of Ram Dular and had asserted 2/3 share exclusively.

(2.) OVER khata No. 126 Ram Dular and Ram Kumar were recorded and at the time of Portal their share was denoted half and half. Ram Kumar had denied the claim of Ram Dular and had asserted his exclusive right in the aforesaid khata on the basis of the gift deed dated 24.8.1926 in favour of Ram Kumar.

(3.) AGGRIEVED by the judgment of the first two Courts Ram Kumar opposite party No. 2 in the present writ petition had preferred a revision and the petitioner Ram Dular had also preferred a revision petition regarding khata No. 120. The revisional Court has dismissed the revision petition filed by the petitioner and allowed the revision petition filed by opposite party Ram Kumar. Aggrieved by the judgment of the revisional Court the petitioner has approached this Court under Article 226 of the Constitution of India.