SUKHRAJ Vs. D. D. C. FAIZABAD

JUDGEMENT

(1.) Heard learned counsel for the petitioners, learned Standing Counsel for the State-respondents and Shri S.C. Verma, learned counsel appearing for the private respondents.

(2.) Under challenge is the judgment passed by the Consolidation Officer dtd. 16/6/1976 whereby the objections preferred by the private respondent seeking a claim of co-tenancy was allowed. The petitioners thereafter assailed the same in an appeal which also came to be partly allowed by means of judgment dtd. 22/6/1976 and further being aggrieved the petitioners preferred a revision before the Deputy Director of Consolidation which has been dismissed by means of order dtd. 21/3/1980.

(3.) Learned counsel for the petitioners while assailing the impugned orders submits that the property in question is relating to Khata No. 262, situate in village Ashrafpur Bhuwa, Pargana Surhurpur, Tehsil Akbarpur, District Faizabad, measuring 6 bighas, 5 biswa and 5 biswansi. It is the case of the petitioners that the property in question was recorded in the name of Udit, son of Dukhi since the basic year. Upon commencement of consolidation operations in the village, the private respondent Raghuveer who claimed right of co-tenancy stating that initially the property belonged to Dukhi and thereafter Dukhi was survived by his two sons Udit and Raghuveer. Since Udit was the elder son hence the property came to be recorded in his name but nevertheless Raghuveer also would have a right and accordingly he claimed half share in respect of the plots of Khata No. 262.