PHOOLA DEVI Vs. D.D.C.AND OTHERS

JUDGEMENT

(1.) List has been revised. None appears on behalf of the respondent/ Gaon Sabha. Heard learned counsel for the petitioner.

(2.) The petitioner has filed this writ petition with a prayer to quash the orders dated 29.07.1988 and 12.02.1987 passed by respondent nos. 1 and 2 respectively (Annexure Nos. 2 and 3 to the writ petition.)

(3.) The dispute involved in the present writ petition pertains to plots of khata no. 71(carved out from old plot no. 55) situate in village Kandahiapur, District Bareilly (hereinafter referred to as the disputed khata). In the basic year the petitioner's name was duly recorded over the disputed khata. One Chimanlal and two others filed an objection under Section 9A(2) of the U.P.C.H.Act before the Consolidation Officer claiming co -tenancy rights in the disputed khata alleging that Mansukh and Jhau, (father of the Chimanlal and other objectors) were co -tenants of the disputed khata and after the death of Mansukh, who had died issueless, their father Jhau had succeeded to his interest in the disputed khata by virtue of his being the co -sharer of the disputed khata on the date of his death and after the death of Jhao, the names of his sons Chimanlal and others were liable to be recorded as co -tenants of the disputed khata but the name of Nathu Lal, petitioner's uncle was illegally recorded as so tenant of the disputed khata pursuant to the order of his succession recorded in column 6 of form PA -11 and the basic year entry existing in favour of the petitioner was liable to be modified.