DUBRI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Heard Sri Shahid Masud, learned counsel for the petitioner,

(2.) In spite of service of notice contesting respondent nos. 4 to 10 have not chosen to enter appearance and to contest.

(3.) The dispute relates to khata no. 139 of village Hathgani, Pargana Arail, district Allahabad which was recorded in the basic year solely in the name of the petitioner. Opposite party nos. 4 & 5 filed objection claming to have perfected rights by adverse possession. Another objection was filed by opposite" party nos. 6 to 10 claiming rights as co-tenant in the disputed khata on the ground that land in dispute belonged to one Jia, their maternal grandfather and was inherited jointly by the petitioner and the respondents who are all his grandsons. The claim of the respondents was contested by the petitioner on the ground that he was co-sharing the land in dispute with his maternal grandfather and with the consent of the Zamindar his name came to be recorded in the revenue records. The respondents never participated in the cultivation of the land and hence not entitled to inheritance. The claim of respondent nos. 4 & 5 on the basis of adverse possession was also contested by the petitioner.