MAMOLA Vs. THE DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) By means of this petition under Article 226 of the Constitution of India the petitioner has challenged the order dated 31 -1 -75 passed by the Deputy Director of Consolidation, Mainpuri in a revision under Sec. 48 of the U.P. Consolidation of Holdings Act, (for short the Act), filed by Hari Singh and others (respondent No. 2 etc), against the petitioner, which was allowed and the name of the petitioner was ordered to be expunged.

(2.) Shorn of details facts leading to the present petition are that plots in Khata Nos. 669 to 676 were recorded in the basic year in the name of contesting respondents and the petitioner filed an objection under Sec. 9 -A(2) of the Act claiming co -tenancy rights alleging that she was the daughter of one Munnu Beni, who was co -tenant in this Khata along with the contesting respondents and on his death his widow Smt. Tulsa succeeded his interest and after her death the petitioner as daughter, succeeded as co -tenant. She claimed 1/6 share.

(3.) The claim of the petitioner was contested by the contesting respondents 2 to 16, the other respondents however, did not contest the claim. It was denied that the petitioner was the daughter of Munnu Beni, rather she was the daughter of Jai Lal and sister of Mithu Lal.