MOHAN LAL Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of this writ petition the petitioners have challenged the judgment dated 3.2.1978 passed by Consolidation Officer and 25.2.1980 passed by Deputy Director of Consolidation, respectively.

(2.) I have heard Sri Arun Kumar learned counsel for the petitioners.

(3.) The facts in brief are that plot No. 446 situate in village Gulampur district Allahabad was recorded in the name of the petitioners in the basic year. The respondent No. 4 filed an objection under Section 9(2) of the U. P. Consolidation of Holdings Act (hereinafter referred to as the Act), claiming that his name be recorded as co-tenure holder over 1/2 share of the said property. The claim of respondent No. 4 was contested by the petitioners. The Consolidation Officer vide order dated 3.2.1978 determined the share of respondent No. 4 to be 1/3rd. Both, the respondent No. 4 and the petitioners filed appeal against the said order. The Settlement Officer, Consolidation vide order dated 2.7.1979 allowed the appeal filed by the petitioners whereas the appeal filed by the respondent No. 4 was dismissed. The respondent No. 4 filed a revision which has been allowed by the Deputy Director of Consolidation by the impugned order.