LAWS(ALL)-2015-11-284

RAM CHANDER Vs. A D C

Decided On November 26, 2015
RAM CHANDER Appellant
V/S
A D C Respondents

JUDGEMENT

(1.) Both these writ petitions arise out of objections under Sections 9-A (2) of the UP Consolidation of Holdings Act filed by Ram Chandra, the petitioner in the writ petition 8054 of 1979 and the contesting respondents in the other petition.

(2.) The dispute in this writ petition pertains to khata no. 90, plot 246, area 52 decimal situated in village Pachar, Pargana Haveli, Tehsil Hata, District Deoria.

(3.) In the basic year, this land was recorded in the name of the respondent. The petitioner filed an objection claiming to co-tenancy to the extent of one half share in this khata, on the ground that it was a joint acquisition of Ram Dhari and Shiv Prasad father of the petitioner. Ram Dhari was the uncle of Shiv Prasad."It was further contended that Ram Dhari was recorded over the land in question is representative capacity, being a karta of the joint family."