PASHUPATI PANDEY Vs. DDC

JUDGEMENT

(1.) THE petitioners seek a writ of certiorari quashing the order dated 15.4.1999 passed by the Deputy Director of Consolidation, Ballia in Revision No. 1766 copy whereof has been annexed as Annexure -7 to the writ petition. By the order impugned the Deputy Director of Consolidation has set aside the order dated 8.4.1994 of the Assistant Consolidation Officer in Case No. 290 of 1994 and the appellate order dated 16.2.1994 passed by the Settlement Officer, Consolidation, affirming the compromise order of the Assistant Consolidation Officer.

(2.) THE dispute in the writ petition is a dispute regarding shares of the parties who are all descendants of a common ancestor and their relationship is revealed by the undisputed pedigree given below: -

(3.) THE case of the petitioners is that Sheo Balak son of Ram Khelawan died and were succeeded by his widow Mst. Chhabirajo who executed a (Hibba) gift -deed in favour of Sarva Sukh son of Ram Singhasan as a result whereof a dispute arose between the parties. Ganga, the grand father of Sarva Sukh as also his sons filed a suit being Suit No. 117 of 1957, for cancellation of the Hibba executed by Mst. Chhabirajo in favour of SarvaSukh. This suit was decreed in terms of a compromise dated 23.11.1957. This compromise, which is admitted between the parties, provided that half share of Sheo Balak inherited by his widow would go to Ram Singhasan and his six sons including SarvaSukh while the remaining half share of Sheo Balak would devolve upon the remaining four sons of Ganga. This compromise was given effect to in the revenue records and the entries continued as such till the start of the consolidation operations in the village.