SHITAL Vs. D.D.C. AND OTHERS

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The above three writ petitions have arisen out of the proceedings initiated by the predecessor of the petitioners (in writ petition no. 8391 of 1978) with regard to the lands in Khata Nos. 111, 135 and 141 of village-Bandhoo Chhapra Tappa Dandopur, Tehsil Badrauna, District Deoria before the Consolidation authorities wherein the petitioner's predecessors claimed their rights as co-tenure holders in the said property along with respondent Nos. 2 to 15. The counsels for the parties have been heard at length and these petitions are being decided by a composite order.

(3.) The petitioners and respondents are heirs of three brothers namely Bishesher, Rikhai and Jhinak all sons of Bandhu. Admitted facts of the matter are that in 1292 Fasli (1885-Ishvi), names of Bisheshar, Jhinak and Rikhai all sons of Bandhu were recorded over the lands in dispute comprised in Khata Nos. 111, 135 and 141. In 1322 Fasli (1915-F), name of Jhinak only was recorded in the aforesaid Khata Nos. 111, 135 and 141. The names of the successors of Bisheshar and Rikhai were not recorded in the revenue records. In 1347-Fasli (1940-Ishvi), names of Kuber (elder son of Jhinak) only was recorded. The pedigree of the family is admitted to the parties which is as under:-