DASHRATHS Vs. DEPUTY DIRECTOR OF CONSOLIDATION VARANASI

JUDGEMENT

(1.) THIS writ petition is directed against the order dated 31.5.1975 passed by the Deputy Director of Consolidation, Varanasi.

(2.) THE parties are related to each other as mentioned in the following pedigree : ...[VERNACULAR TEXT OMITTED]...

(3.) SRI S.N. Singh, learned counsel for the petitioners has challenged the decision of the Deputy Director of Consolidation, respondent No. 1, in respect of plot Nos. 563 and 583 of Khata No. 90. The claim of the petitioners was that these plots exclusively belonged to them and from the branch of Ram Dihal. none of the persons was entitled to any share in respect of the land of this khata. The Consolidation Officer recorded a finding that this khata was joint holding of the parties coming down from common ancestor Ram Sukh. He accordingly directed for partition of the land according to the share specified in his order dated 19.9.1973. The petitioners preferred an appeal against the decision of the Consolidation Officer. The Settlement Officer Consolidation allowed the appeal on 12.2.1975 and it was held that the petitioners have exclusive right over plot Nos. 563 and 583 and directed to maintain the basic year entry in the revenue record. Ram Briksh, respondent No. 4, filed Revision No. 3170 against the said decision. The revision was allowed by the Deputy Director of Consolidation by his order dated 31.5.1975 holding that all the parties were co -tenants of Khata No. 90. This order has been challenged in this writ petition.