SHANKER Vs. DEPUTY DIRECTOR OF CONSOLIDATION AND ORS.

JUDGEMENT

(1.) THIS writ petition is directed against an order of the Deputy Director of Consolidation, Mirzapur dated the 14th August, 1972. The Deputy Director dismissed six revisions filed by Shanker and affirmed the orders passed by the Settlement Officer (Consolidation). The dispute was in respect of two matters. One was in respect of the holding of Smt. Ingurdani which she got from her first husband Ram Charan and the other was in respect of the claim made by Sukhdeo from the holding of Shanker. The main contention in this case was in regard to the first matter.

(2.) SUKHDEO has been held to be the son of Shanker from his second wife Smt. Ingurdani. The finding of fact arrived at by the Deputy Director on this point is final and conclusive. Learned Counsel for the Petitioner could not point out any manifest error of law in this finding. Consequently, the Deputy Director was right in holding that Sukhdeo had an interest in the share of Shanker. I do not find any error of law apparent on the face of the record to set aside the decision of the Deputy Director in regard to the claim of Sukhdeo as the son of Shanker. To that extent the order passed by the Deputy Director has to be affirmed.

(3.) RAM Charan died as a separate Hindu leaving his wife Smt. Ingurdani as his only heir. Ram Charan had also executed a Will in favour of Smt. Ingurdani in 1946. On his death in 1950 she became the absolute owner of his properties. Shanker married Smt. Ingurdani after Ram Charan's death and a son Sukhdeo was born to them. These are findings of fact not open to challenge in the writ petition.