DEO NANDAN SINGH Vs. KEDAR SINGH AND OTHERS

JUDGEMENT

(1.) Heard Counsel for the parties.

(2.) By means of this writ petition challenge is to the judgment of the Deputy Director of Consolidation dated 5.2.1985 and that of the appellate authority and the Assistant Consolidation Officer dated 14.6.1984 and 28.6.1982 (Annexure Nos. 3, 2 and 1 respectively). There is no dispute about certain facts, therefore, on brief narration matter can be conveniently disposed of. To appreciate the controversy a small pedigree which is noted in para 2 of the writ petition will be useful to be reproduced hereunder: ...[VERNACULAR TEXT OMITTED]...

(3.) Admittedly in the basic year record the names of Kedar Singh, Mata Gulam, Sankatha Singh and Ganesh Singh, respondents 1 to 4 and that of petitioner Deo ' Nandan Singh alongwith one Sukhnandan Singh was recorded over the land in dispute. There is also no dispute about the fact that Sukhnandan Singh was dead and objection was filed on behalf of the petitioner on the ground that at the time of death of Sukhnandan Singh he was only surviving brother and, therefore, he is to succeed rights of Sukhnandan Singh. There was counter objection from the side of respondent No. 1 that on the death of Sukhnandan Singh his widow Smt. Bhag-wani executed a Will in his favour on 26.3.1982 and therefore, he is to get rights of Sukhnandan Singh. Be as it may, at that stage it appears that compromise came to be placed/filed on the record of the Assistant Consolidation Officer on the basis of which on 28.6.1982 matter was decided and the respondent side was accepted to be entitled to get the property of Sukhnandan Singh. Appeal was filed by the petitioner which was dismissed and, thereafter revision also failed and, therefore, petitioner came to this Court challenging all the three orders.