LAWS(ALL)-1987-11-25

UDHO SINGH Vs. DISTRICT DY DIRECTOR OF CONSOLIDATION

Decided On November 16, 1987
UDHO SINGH Appellant
V/S
DISTRICT DY. DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) THIS writ petition arises out of proceedings under Section 9 of the U. P. Consolidation of Holdings Act.

(2.) THE dispute between the parties is about the share in the disputed Khata. THE petitioner claims 3/4th share in the disputed Khata whereas he has been given 1/2 share by the consolidation authorities on the basis of a compromise between the contesting parties. Aggrieved by the judgments of the consolidation authorities the petitioner has approached this Court under Article 226 of the Constitution. THE petitioner claims 3/4th share in the disputed Khata on the basis of the following pedigree :- Bir Bux Samser Hanuman Hawaldar Udho Hari Shankar

(3.) SECOND contention raised on behalf of the petitioner is that in the facts and circumstances of the present case burden has been placed on wrong shoulders. According to the learned counsel for tne petitioner it was necessary for the contesting opposite party to have proved the genuineness of the compromise. The bare denial on the part of the petitioner was enough to discard the compromise.