MOOL CHAND Vs. KEDAR

JUDGEMENT

(1.) THE dispute re lates to the inheritance of rights of Smt. Kaushalya in respect of Khata Nos. 31,35 and 37 of village Bishunpur Phulwaria, Pargana Haveli, lahsil Pharenda, District Gorakhpur. Admittedly Smt. Kaushalya was the wife of the petitioner. She had 2/5 share in Khata Nos. 31 and 35 alongwith other recorded co-tenure-holders. Plots of Khata No. 37 exclusively belonged to Smt. Kaushalya. Kaushalya died in the year 1953.

(2.) THE consolidation proceedings started in the village. THE petitioner filed objection that he be recorded as tenure-holder in place of Smt. Kaushalya in respect of Khata Nos. 31 and 35 to the extent of 2/5 share of which Smt. Kaushalya was tenure holder and in respect of Khata No. 37 he prayed that his name should be mutated. THE contesting respondents filed objection that they are entitled to inherit the share of Smt. Kaushalya being co-sharer in accordance with the provisions of Section 175 of U. P. Zamindari Abolition and Land Reforms Act.

(3.) I have heard learned Counsel for the parties. Learned Counsel for the petitioner challenged the findings of the Deputy Director of Consolidation in respect of these Khatas.