JABBAR KHAN Vs. D D C

JUDGEMENT

(1.) HEARD Sri D.C. Mukherjee, learned counsel for petitioners and Sri M.A. Khan, learned senior counsel assisted by Sri Mohd. Aslam Khan, learned counsel for contesting respondents.

(2.) THIS writ petition arises out of consolidation proceedings pertaining to title. In the basic year (when consolidation in the area in question started) original petitioner Haider Khan was recorded over the property in dispute comprised in khata No.123 containing plots No.182 and 183. It was also shown that original petitioner was continuing in possession since 1346 Fasli (1938 -39 A.D.). Contesting respondents claimed that they were family members of original petitioner as they all were descendants of the same ancestor hence they also had share in the land in dispute by filing objections, which was registered as Case No.98 under Section 9A(2) of U.P. Consolidation of Holdings Act. Siddique Khan and others Vs. Haider Khan. Siddique Khan was real brother of Haider Khan, both are sons of Jahangir Khan. The other claimants objectors were sons of Shahzad Khan, who was deceased real brother of Haider Khan. C.O. Behar, Tehsil Kunda, District Pratapgarh decided the objections on 03.12.1973. The objections were allowed and the names of objectors were directed to be recorded as co -tenure holders along with the original petitioner. It was also held that "the land was acquired about 50 years ago when Haider Khan was joint." It was further held that in another village parties had share in ancestral properties. It was also held that when the land was acquired, father of Haider Khan was alive. Revenue records/ khataunis from 1346 and 1369 Fasli were filed showing that Haider Khan alone was recorded for the entire period.

(3.) AGAINST the order of C.O., Appeal No.230/2456, Haider Khan Vs. Siddique Khan was filed. Assistant S.O.C., Pratapgarh dismissed the appeal on 14.10.1974. Thereafter, original petitioner filed Revision No.1337/973, which was dismissed by D.D.C. on 28.07.1975, hence this writ petition.