GANGA PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) These are two connected writ petitions between the same parties challenging the judgment and order dated 30.4.1979 passed by Joint Director of Consolidation, Allahabad. Dispute relates to Khatas no. 1, 2, 3, 50, 57, 58 and 59. In the basic year Khata no. 1 and 58 were recorded in the name of Kunj Behari, khata no. 2 was recorded in the name of Kunj Behari, Brij Behari and Ganga Prasad, Khata no. 3 was recorded in the name of Kunj Behari, Brij Behari, Ganga Prasad and Bhagwat Prasad, Khata no. 50 was recorded in the name of Kunj Behari, Brij Behari, Ganga Prasad and Suryamani, Khatas no. 51 and 59 were recorded exclusively in the name of Kunj Behari. On the death of Kunj Behari, dispute arose between the parties with regard to inheritance of his share.

(2.) An objection under Section 9-A (2) of the U. P. Consolidation of Holdings Act was filed by Ganga Prasad alleging that on death of Kunj Behari, petitioner and respondent no. 3 being his real brothers were entitled to 1/2 share each in the share of Kunj Behari. Another objection was filed by Brij Behari claiming entire share of Kunj Behari on the basis of registered ''Will' executed in his favour.

(3.) Consolidation Officer consolidated both the objections and by common judgment and order dated 31.1.1974 upheld the claim of Brij Behari on the ground that ''Will' in his favour was a genuine and valid document and rejected the claim of Ganga Prasad. Aggrieved, Ganga Prasad went up in appeal. Settlement Officer Consolidation vide order dated 22.9.1975 rejected the ''Will' on the ground that it was forged and fabricated and allowed the objection of Ganga Prasad holding that he and Brij Behari were entitled to half share each in the share of deceased Kunj Behari. While rejecting ''Will' as forged and fabricated, Settlement Officer Consolidation also recorded a finding that Khatas no. 57 and 58 were Sirdari Khata. Appellate order was challenged by Brij Behari by filing revision. Joint Director of