TRILOK Vs. D D C

JUDGEMENT

(1.) HEARD Sri M.D. Singh Shekhar, Senior Advocate assisted by Sri. V.K. Singh, for the petitioners and Sri R.N. Singh, Senior Advocate assisted by Sri Ajay Kumar Singh, for the contesting respondents. The writ petition has been filed for quashing the orders of Consolidation Officer dated 26.7.2013, Settlement Officer Consolidation dated 21.11.2013 and Deputy Director of Consolidation dated 16.1.2014, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').

(2.) THE dispute relates to properties of khatas 106, 115 -Ba, 167 -Da, 267, 268, 327 and 329 of village Chandauli, pargana Majhwar district Chandauli. In basic consolidation records, the land in dispute were recorded in the names of Trilok, Lok Nath sons of Shiv Prasad and Bindheswari son of Kaushal. Trilok and Lok Nath (now represented by the petitioners) filed separate objections (registered as Case Nos. 7892, 7898, 8017, 8340, 8553 and 8554) under section 9A(2) of the Act, for recording their names as the heirs of Bindeshwari. The Consolidation Officer by his orders dated 22.1.1970 passed in Case No. 7892 and 7898, 28.1.1970 passed in Case No. 8340, 18.2.1970 passed in Case No. 8553, 20.2.1970 passed in Case No. 8017 and 1.5.1970 passed in Case No. 8554 allowed the objections of the petitioners and recorded their names as the heirs of Bindheswari.

(3.) SMT . Mangala claimed herself to be daughter of Bindheshwari, who died on 10.1.1961 and stated that after death of Bindheswari, she had inherited his 1/2 share in the land in dispute. The petitioners contested the case on the ground that Bindheshwari was unmarried. Smt. Managla was not his daughter. After death of Bindeshwari, his share was inherited by them, who were sons of the brother of Bindheshwari. Before the Consolidation Officer, apart from documentary evidence, Smt. Mangala examined herself and one witness namely Shambhu Sharan Tiwari son of Lalji Tiwari, resident of village Kawar, tahsil and district Bhabhuwa (Bihar). The petitioners apart from documentary evidence examined Lok Nath Tiwari, Sahdev Tiwari and Kapil Dev Tiwari as witnesses. The case was heard by Consolidation Officer, who by order dated 26.7.2013 held that copy of Kutumb Register as produced by Smt. Mangala of village Chandauli, block Kesavpur Madai, tahsil Chandauli, district Varanasi shows that her name was mentioned in it as daughter of Bindeshwari, which is fully corroborated with her oral statement. The report on the copy Kutumb Register filed by the petitioners relating to house No. 24 of village Keshavpur, Kapil Dev Tiwari in his statement admitted that there were two villages, namely Keshavpur and Keshavpur Madai. Village Keshavpur Madai was brought under municipal limits of Chandauli municipality. As such on the basis of report on the copy Kutumb Register filed by the petitioners, Copy of Kutumb Register filed by Smt. Mangala was not proved to be forged document. Copy of certificate issued by Smt. Dulari, Mukhiya, was not a copy of public document and was not admissible in evidence. Apart from it, the conduct of the parties that Trilok Tiwari signed the sale -deed dated 13.11.1980 executed by Ram Rup Yadav in favour of Smt. Mangala of the land of Chandauli and sale -deed dated 1.2.1986 executed by Ram Briksh in favour of Virendra Tiwari of the land of village Amerh, district Rohtas as witness shows that Smt. Mangala was his cousin sister. On these findings it was held that Smt. Mangala was daughter of Bindheshwari as she died in the meantime and Virendra Tiwari was substituted as her heir as such his name was directed to be recorded over the land in dispute as an heir of Bindeshwari.