JAI PRASAD Vs. DEPUTY DIRECTOR OF CONSOLIDATION, AZAMGARH

JUDGEMENT

(1.) These writ petitions arise out of common order dated 12-3-1976 passed by the Deputy Director of Consolidation hence they are being decided together by common judgment. The reference in respect of the parties relates to writ petition No. 1343 of 1976.

(2.) In the basic year Khatauni, during the consolidation proceedings, the name of the petitioner was recorded over the land in dispute. An objection was filed under Sec. 9-A 12) of the U.P. Consolidation of Holdings Act (in short referred to as 'the Act') on the allegation that Kaledin was tenure holder of the land in dispute. Ramlali daughter of Kaledin succeeded right and title over the land in dispute. The petitioner contested the matter. He denied that Ramlali is daughter of Kaledin. Her name was also not Ramlali The Consolidation Officer dismissed the objection filed by respondent No. 3 by order dated 29-8-1974. Respondent No. 3 preferred appeal before the Settlement Officer Consolidation. The Settlement Officer Consolidation recorded finding that respondent No. 3 was daughter of Kaledin. She inherited the right and title. He held that petitioner as well as respondent No. 3 both were co-tenure holders over the land in dispute. The appeal was allowed by order dated 16-12-1974. Against said order, respondent No. 3 filed revision and the petitioner also filed revision. The Deputy Director of Consolidation by order dated 12-3-1976 dismissed the revision filed by respondent No. 3 as barred by time. The revision filed by the petitioner was partly allowed. Over the plot Nos. 306, 143, 558, 361 and 398 where the name of Kaledin was not recorded, he held that Ramlali will not be entitled to inherit. The petitioner filed writ petition No. 1343 of 1976, and respondent No. 3 has filed writ petition 1471 of 1976 against the aforesaid order.

(3.) Shri U.K. Mishra, learned counsel for the petitioner has submitted that respondent No. 3 has sublet the land to the petitioner, therefore, she lost her tenancy right over the land in dispute as provided under Sec. 165 of the U.P. Zamindari Abolition and Land Reforms Act.