SUKHRAJ Vs. DEPUTY DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) -

(2.) BY means of this writ petition the petitioners have challenged the judgment of the Deputy Director of Consolidation, Allahabad, dated 20-1-1987 in a proceeding under Section 48 (3) of the U. P. Consolidation of Holdings Act between Sukhraj and others and Ram Sewak and others.

(3.) SECONDLY, according to the learned counsel for the petitioners the shares determined by the Civil Court judgment if added together exceed the whole share owned by the parties, therefore, the judgment is no judgment in the eye of law and is incapable of execution yet the consolidation authorities have placed reliance upon such a judgment, therefore, the impugned judgment contained in Annexure 13 should be quashed. It has been demonstrated that the portion of the shares allotted to the co-sharers would come to 17/16 whereas the whole share owned by the parties will be only 16/16, therefore, the impugned judgment should be quashed.