GAYA PRASAD Vs. J. D. C.

JUDGEMENT

(1.) Heard Mr. Mahesh Narayan Singh, learned counsel for the petitioners, Sri P. B. Umrao, learned counsel for respondent No. 4/3 and Sri Ashutosh Kumar Rai, learned Additional Chief Standing Counsel for the State.

(2.) Brief facts of the case are that plots of Khata No. 323/20-44, situated at village Korsum, Pargana Bindki, District Fatehpur was recorded in the basic year of the consolidation operation in the name of both parties (Ram Chela and Kalicharan). An objection under Sec. 9-A(2) of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred as UPCH Act) has been filed by the petitioners against the basic year entry in respect to the plot in question stating that Plot Nos. 1365, 1366 and 1390 are sole tenancy of petitioners as such the name of respondent No. 4/Kalicharan be expunged and respondent No. 4 has no share in Plot Nos. 1365, 1366 and 1390. It is further prayed in the objection that in Plot Nos. 1327 and 1328, petitioners have 2/3 share and respondent No. 4 has 1/3 share. Consolidation Officer framed issues in the aforementioned case which have been registered as case No. 8257.

(3.) This Court has entertained the matter and granted interim protection on 3/7/1980 staying the dispossession of the petitioner from the plot in question.