RAGHUNANDAN Vs. DY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) BINOD Kumar Roy, J. The petitioners pray to quash- the order, dated 15-11-1973 passed by the Consolidation Officer, Ambari (Respondent No. 3) in Case No. 3161, the appellate order, dated 18-12-1974 of the Assistant Settlement Officer (Consolidation) who by his order dismissed then Appeal No. 612 (as contained in Annexure 2) and the revisional order, dated 22-8-1975 dismissing their Revision No. 575 passed by the Deputy Director of Consolidation, Phulpur, district Azamgarh (as contained in Annexure 3 ).

(2.) JAGAT Pal Singh had three sons, Raja Ram, Hubdar and Mahabal Raja Ram had two sons Durga. Prasad and Jhilmil, Hubdar the second son of JAGAT Pal'singh died leaving behind his widow Girija Kunwar and daughter Sona. Mahabal died issueless. Respondent No. 4 filed an objection under section 9-A (2) of the U. P. Consolidation of Holdings Act for recording his name as a co-sharer of the land of Khata Nos. 15 and 178 of village Basahi, claiming to be son of Sona, daughter of Girija Kunwar and prayed to record his. name as a co-sharer, further asserting that his maternal grandfather Hubdar got 1/3 interest apart from 1/3 further interest of his brother: Mahabal, who had executed a will in favour of his wife Girija Kunwar. The petitioner took up a. defence that the objection had no. interest. in the land in. dispute; that Mahabal before his. death, had transferred his 1/3 interest to them. ; that Hubdar had no daughter or son and had died issueless, that Prem Narain is the son of father's sister of a co-villager Surya Narain, a resident of district Basti.

(3.) PARAGRAPH 11 of the writ petition runs, as follows : "11. That the plea of adverse possession and ouster was also taken and pressed before the courts below but they ignored to consider them, and that plea is apparent in their judgments and requires no evidence to be proved. A true copy of the order of the Consolidation Officer, that of the Settlement Officer (Consolidation) and that of the Deputy Director of Consolidation are filed as Annexure I, II and III to this writ petition along with the true copy of the grounds of the revision which is filed as Annexure IV to this writ petition. "