SHAHEEDUL NISAN Vs. DEPUTY DIRECTOR OF CONSOLIDATION, SULTANPUR

JUDGEMENT

(1.) THIS writ petition under Article 226/227 has come up against the order dated 13/17.11.1979 (Annexure -1 to the writ petition) passed by Consolidation Officer, Sultanpur (hereinafter referred to as the "C.O."), whereby it had allowed objection of petitioners in respect of Gata No. 407, area 1 -0 -0 Bigha by allotting 1/3 share to Riyayatullah (respondent No. 4), 1/3 to Smt. Shaheedul Nisan (petitioner no. 1), 1/9, each to Smt. Sughra Bibi and Jamaluddin (petitioners no. 2 and 3) and 1/9 to Abu Basar and Abu Nasar (petitioners no. 4 and 5) jointly.

(2.) THE pedigree has given in para 1 of the writ petition showing inter -relationship of petitioners and respondent no. 4 as under:

(3.) THE dispute relates to Khata No. 69 consisting of 78 plots having total area 31 -13 -1 in Village Balramau, Pargana Barounsa, Tehsil and District Sultanpur. It is not disputed that in the basic year in the revenue record the disputed land was recorded in the name of respondent no. 4, i.e., Riyayatullah. When the consolidation proceedings commenced in village on publication of notification under Section 9 of Act, 1953, petitioners filed objections claiming co -tenancy in aforesaid Khata to the extent of 2/3 share alleging that property was acquired by Musaheb Khan, Ghisiyawan Khan and Mustaqeem Khan under a registered sale deed dated 21.12.1910, executed by Aman Khan in their favour. The three persons who are said to have acquired property vide sale deed dated 21.12.1910 were real brothers being sons of Sri Barkhurdar. Riyayatullah (respondent no. 4) is the son of Musaheb Khan. Petitioners no. 2,3,4 and 5 are the legal heirs of Ghiziyawan Khan and petitioner no. 1 is claiming her share being legal heir of Mustaqeem Khan.