DEBIYA Vs. A.D.C., BANDA AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) The dispute in between the parties relates to inheritance of the agricultural land left behind by Shrimati Sonia, who died in April, 1977. Petitioner claimed to be son of Shrimati Sonia and contesting respondents 2 and 3 Subba and Suddhish claimed to be sons of daughter of Shrimati Sonia. It is undisputed that previously Shrimati Sonia was married with Mengi and mother of respondents 2 and 3 was bom out of the said wedlock. Sri Mengi died. According to the petitioner after the death of her previous husband Mengi, Shrimati Sonia remarried with Teni and out of the said wedlock petitioner was bom. Respondents 2 and 3 admit that petitioner is son of Teni and Shrimati Sonia. However, their case is that after the death of Mengi Shrimati Sonia started living with Teni, without any marriage as his concubine and out of the said illegal relationship petitioner was born, hence as is not entitled to inherit in the property left behind by Shrimati Sonia.

(3.) Until her death Shrimati Sonia was recorded in the revenue records as wife of Teni. Both the parties filed their claims before the Consolidation Officer (First) Banda. The Consolidation Officer decided in favour of petitioner through order dated 7.7.1980. Against the said order Appeal No. 1838 was filed. Assistant Settlement Officer Consolidation, Jhansi Camp at Banda dismissed the appeal on 25.9.1980. Thereafter contesting respondents filed Revision No. 1656 before A.D.C. Banda. A.D.C. allowed the revision on 19.4.1985 and set aside the judgment and order of Consolidation Officer and that of Settlement Officer Consolidation and directed that over the agricultural land left behind by Shrimati Sonia the names of respondents 2 and 3 shall be recorded. This writ petition is directed against the said judgment and order of A.D.C. Banda.