RAM CHET Vs. DEPUTY DIRECTOR OF CONSOLIDATION FAIZABAD

JUDGEMENT

(1.) The petitioners by means of the present writ petition have assailed the order dtd. 8/4/1983 passed by Deputy Director of Consolidation whereby he has allowed the revision filed by respondent No. 3 and has set aside the order dtd. 14/4/1981 passed by the Consolidation Officer, as well as the order dtd. 16/1/1982 Passed by the Settlement Officer (Consolidation).

(2.) The facts and brief necessary for adjudication of the present case are that Khata No. 65 was recorded in the name of Jorai. On the death of Jurai proceedings under Sec. 12 of the Consolidation of Holdings Act, 1953 were initiated. Objections were filed by one Ram Asrey and Ram Kumar claiming themselves to the legal heirs of the deceased Jorai and prayed for deletion of name of Jorai and mutating their name in his place. It was stated that Gata Nos. 107, 130, 165 and 118 name of Ram Kumar be mutated in place of the deceased and in remaining of the land owned by Jorai name of the both the applicants be mutated.

(3.) The focal point of the dispute in the present case is the parentage of Jaikaran, who is father of Ram Chet and Barkhu. Jorai is said to have 3 sons from 3 wives. Jaikaran was the son from Sugai from the previous marriage, and she had brought him along with her when she started living with Jorai.