CHANDAN SINGH Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) In order to appreciate the controversy involved in the instant petition, the relevant facts giving rise to the cause of action to the petitioner are being noticed hereinafter.

(2.) The dispute in question relates to Plots No.100, 318 and 443 having a total area of 4.3120 hectares, situate in village Para, Pargana, Tehsil and District Sitapur. The aforesaid plots are part of Khata No.218 which was recorded in the name of Ruda Singh as its Bhumidhar in the base year khatauni.

(3.) Ruda Singh is said to have expired in the year 1979 leaving behind his nephew (bhanja) i.e. the petitioner, who was the son of Smt. Sita Singh (sister of Ruda Singh and second wife of Fakirey Singh). The petitioner claimed rights in the property in dispute on the basis of being the preferential heir in terms of Sec. 171 of the U.P. Zamindar Abolition and Land Reforms Act, 1950 (for short, 'the Act of 1950').