CHINTA DEVI Vs. DEPUTY DIRECTOR OF CONSOLIDATION VARANASI

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Sri V. K. S. Chaudhary, Senior Advocate, assisted by Sri P. C. Pandey for the petitioners and Sri Namwar Singh appearing for the contesting respondents.

(2.) COUNTER and rejoinder affidavits have been exchanged between the parties and with the consent of the parties. the writ petition is being finally decided.

(3.) BEFORE considering the submissions of learned Counsel for the parties, it is useful to notice the respective case of the parties before the Courts below. The petitioners' case before the Courts below was that Srineta, whose name was alone recorded, was bhumidhar of entire land and the contesting respondents had no right to the land in dispute. The petitioners further stated that the land in dispute was acquisition of Budhiram one of the five sons of Ganesh and the family throughout remain joint and there was no partition between the family. Petitioners' case was that Srineta was the wife of Srinarain, who was son of Raghurai, one of the sons of Ganesh. According to the petitioners out of five brothers, Dilip died unmarried, Shiv Gulam died in the year 1921, Budhiram died on 9. 10. 1922 and Achhaiwar died on 16. 10. 1934. Petitioners' case further was that on the death of Budhiram his brother Achchaiwar succeeded to him and after the death of Achchaiwar his nephews Srinarain and Shiv Nath succeeded. Srinarain, the husband of Srineta died on 26th August, 1943. Shiv Nath executed a Will in favour of Srineta on 21. 10. 1961. Shiv Nath died on 29. 10. 1961 and thereafter Srineta became the sole tenure holder of the entire land in dispute.