KIRAN DEVI Vs. ASHOK KUMAR

JUDGEMENT

(1.) By means of present petition, the petitioners have assailed the concurrent findings recorded by Consolidation Officer, Settlement Officer, Consolidation and the Deputy Director Consolidation dated 17.8.1998, 24.5.2000 and 30.8.2003.

(2.) Lakshmi Narain, Badri Narain and Jagat Narain sons of Bhawan Das were recorded tenure holders. The dispute in the instant petition pertains to the land of Lakshmi Narain who died in the year 1991. On publication of record under Section 9 of the U.P. Consolidation of Holdings Act, two sets of objections came to be filed-one by Sukh Dei wife of Lakshmi Narain and another by Ajay Kumar and others claiming to be sons of Lakshmi Narain. Two other objections were also filed but the same being of no seminal importance, do not deserve consideration.

(3.) The background of necessary facts erupting into litigation as borne out from the record is that Lakshmi Narain had two wives one Sukh Dei and the other Radhika Devi. Out of union of Sukh Dei and Lakshmi Narain were born two daughters namely Smt. Kiran Devi and Smt. Meena Devi-petitioners in the instant petition while out of union of Radhika Devi and Lakshmi Narain were born Ashok Kumar, Ajay Kumar, Vijay Kumar and Suresh Kumar arrayed as respondent Nos. 1 to 4. The dispute erupted after the death of Lakshmi Narain in relation to his estate in Khata No. 302. As stated supra, two sets of objections were filed one by Sukh Dei claiming herself to be the sole heir and legal representative of the deceased while another set of objection was filed by respondent Nos. 1 to 4 claiming themselves to be the sons of the deceased. The objections were decided by the Consolidation Officer by means of judgment dated 17.8.1998 and the decision in that judgment leaned in favour of respondent Nos. 1 to 4. Smt. Sukh Dei thereafter took the matter in appeal before the Settlement Officer Consolidation and before the appeal could culminate in decision, Smt. Sukh Dei breathed her last. The petitioners in the instant petition being daughters of Smt. Sukh Dei were brought on record. The decision in appeal also leaned in favour of the respondent Nos. 1 to 4 and therefore, procedure of revision before the Deputy Director of Consolidation was invoked. By means of decision dated 30.8.2003, the Deputy Director of Consolidation also rendered a verdict leaning in favour of respondent Nos. 1 to 4 and it is in this backdrop that the dispute has come up before this Court by means of the present petition.