BAJRANGI Vs. D.D.C.

JUDGEMENT

(1.) Heard Sri Arun Kumar along with Sri B.D. Pandey, for the petitioners and Sri Ram Niwas Singh along with Sri S.M. Upadhyay and Sri K.K. Sharma, for the respondents.

(2.) These writ petitions have been filed against orders of Deputy Director of Consolidation dated 23.10.1982 and 27.11.1982, allowing the revision and setting aside the orders of Consolidation Officer and Assistant Settlement Officer Consolidation, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act) and dismissing recall application.

(3.) The dispute between the parties relates to the land recorded in khatas 76, 17 and 193 of village Sadi Kalan, pargana Gadwara, district Jaunpur. In basic consolidation year, disputed khatas were recorded in the names of Tirathraj, Bhulai and Gherau, sons of Jangi (now represented by respondents-2 and 3) (hereinafter referred to as the respondents). During partal, Paras Nath, Bajrangi, Ram Chandra, sons of Faujdar (the petitioners) claimed share jointly and for recording their names also over the disputed khatas. Later on they also filed objections under Section 9 of the Act, stating therein that the petitioners and the respondents were descendants of common ancestor Ram Garib and disputed land were of the time of Ram Garib. Ram Garib left behind him, three sons, namely, Ram Dayal, Shitla and Sahay. The petitioners were descendants of Shitla and the respondents were descendants of Ram Dayal. Sahay had one son Bodhai, who died issueless and his share was jointly inherited by both the branches. Name of the branch of Ram Dayal was recorded in representative capacity in revenue records although they were throughout in joint possession of it. On distribution of CH Form-5, they came to know that their names were not recorded over it.