PALGARDI Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND OTHERS

JUDGEMENT

(1.) - At the time of hearing no one appeared for the contesting respondents, hence only the arguments of the learned Counsel for the petitioner were heard.

(2.) This writ petition arises out of consolidation proceedings involving title dispute. Ram Tahal', the original tenure holder had three sons i.e. Palgardi and Bharwani Din. Petitioners 1 and 2 from the first wife and Lagan from the second wife. Respondent" No. 4, Shiv Mangal was son of Lagan. In 1356 .F. (1.7.1948 to 30.6.1949 A.D.) the name of Ram Tahal was recorded in the revenue records over the agricultural land in dispute. On 31.10.1949 Ram Tahal obtained Bhumidhari Sanad under U.P Agricultural Tenants Acquisition of Privileges Act, 1949. On 16.1.1951 Ram Tahal got the names of petitioners also included in the Bhumidhai Sanad which was permissible under the aforesaid Act. However, names of the petitioners were not recorded in revenue records along with Ram Tahal. Thereafter in 1359 F. (1.7.1951 to 30.6.1952 A.D.) three things happened. Ram Tahal executed a surrender deed (Dast Bardari) in favour of the petitioners on 17.1.1952 and within a few months there from, Ram Tahal died and after his death the names of all the three sons i.e. both the petitioners and Lagan were mutated in the revenue records over the land in dispute before 30.6.1952. However, it appears that after the death of lagan the name of his son respondent No. 4 was not mutated and the name of lagan was deleted from the revenue records.

(3.) Above facts are given in detail in the judgment of Settlement Officer Consolidation (Annexure '5' to the writ petition).