JAHURI Vs. JHAPSU

JUDGEMENT

(1.) -By means of this writ petition the petitioners have challenged the judgment and order passed by respondent Nos. 8 and 9 Additional Consolidation Officer and Deputy Director of Consolidation, Sultanpur. The writ petition ought to have been heard by Lucknow Bench of this Court since district Sultanpur falls within the territorial jurisdiction of Lucknow Bench. However, vide order dated 17.7.1980 passed under clause 14 of the U. P. High Court (Amalgamation) Act, 1948 by the then Hon'ble Chief Justice, the case was transferred to Allahabad for hearing and disposal.

(2.) THE dispute relates to khata No. 144 situate in village Alapur Tahsil Kadipur, District Sultanpur. In the basic year name of the petitioner No. 1 was recorded over the said khata. Two objections were filed under Section 9A (2) of the U. P. Consolidation of Holdings Act (for short 'the Act'). One objection was filed by opposite party Nos. 1 to 3 and the other was filed jointly by opposite party Nos. 1 to 7. Co-tenancy rights were claimed by the respondents in the khata in dispute on the ground that land in dispute was acquired by one Moti son of Jiguri who was common ancestor of the parties. After death of Moti, the name of Budhi Ram was recorded in representative capacity as he was the eldest surviving member of the family. After the death of Budhi Ram, the name of Jahuri was again recorded in representative capacity. THE case was contested by petitioner No. 1 denying the co-tenancy rights claimed by the contesting respondents. It was alleged that 3-10-0 area of land was acquired by Budhi Ram, his father and the rest was acquired by him.

(3.) I have heard Sri V. K. S. Chaudhary, senior advocate assisted by Sri Jitendra Ojha appearing for the petitioners and Sri Dinesh Pathak appearing for the respondents.