BABBAN PRASAD YADAV Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) Herd Shri M.E. Khan, learned counsel for the petitioner as well as learned Standing Counsel for respondents No. 1 to 3 and Shri I.D. Shukla, learned counsel for respondents No. 4 and 5.

(2.) The present dispute relates to basic year Khata Nos. 12, 81, 87, 269, 308 and 359, situated at Village Udaru, Par-gana- Aldemau, Tehsil Kadipur, District Sultanpur. According to the petitioner it was recorded in the name of Ram Kumar Yadav and after his death it was recorded in the name of his son Surya Nath Yadav in proceedings under Sec-tion 34 of the U.P. Revenue Act, 1901.

(3.) It is further been submitted that during the consolidation proceedings several objections were filed before the Consolidation Officer with regard to the disputed land. It is stated that the petitioner and his brother claimed the land by the sale deed dtd. 25/11/1974, while on the other hand opposite parties Nos. 4 and 5 claimed the land on the basis of sale deed dtd. 14/5/1974, which was executed in their favour by Ram Kumar Yadav. The said dispute was decided by the Consolidation Officer by a detailed judgment and discussions of the facts, the Consolidation Officer did not accept the sale deed of the petitioner on that the ground that Surya Nath Yadav did not have any right to execute the sale deed holding that he was not son of Ram Kumar Yadav.