RAM NARESH Vs. D.D.C.

JUDGEMENT

(1.) Heard Shri Ram Kushal Tiwari, learned counsel for the petitioners and Dr. R.S. Pande, learned Senior Counsel assisted by Shri Ankit Pande, learned counsel for the private respondents as well as Shri Upendra Singh, learned standing counsel for the State.

(2.) Under challenge is the order dtd. 16/5/1988 passed by the Deputy Director of Consolidation, Sultanpur, whereby the revision preferred by the petitioners was rejected and the order passed by the Settlement Officer of Consolidation dtd. 2/1/1988 was affirmed, as a consequence, the claim of the petitioners claiming exclusive rights was rejected and the claim of the private respondents claiming cotenancy was upheld.

(3.) Shri Tiwari, learned counsel for the petitioners submits that the dispute relates to Khata No. 202, situated in Village Vaidaha, Pargana Barausa, Tehsil and District Sultanpur, which stood recorded in the name of Ram Naresh, the original petitioner in the base year khatauni. Upon the commencement of consolidation operations in the village in question, the objections under Sec. 9A(2) of the U.P. Consolidation and Holdings Act, 1953 were filed by the private respondents claiming cotenancy rights in respect of the property in question which was claimed by them to be ancestral property.