ASARFA Vs. DEPUTY DIRECTOR OF COSOLIDATION U P

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ petition is directed against judgment and order dated 14.1.1974 passed by D.D.C. Deoria in revision No. 164 Ramayan and others v. Mst. Asarfa. Through the said judgment and order, judgment and order passed by Appellate Court S.O.C. was reversed and judgment and order passed by Consolidation Officer was confirmed. Consolidation Officer through order dated 24.3.1972 had rejected the claim of the petitioner. However, S.O.C. in appeal Nos. 1964 and 1965 had accepted the claim of the petitioner by allowing her appeal on 10.10.1972.

(3.) Agricultural plots in dispute along with other agricultural plots admittedly belonged to Sri Ambika who died in 1944. Petitioner was widow of Rajendra who was grand son of Ambika. Both Rajendra and Rajendra's father Singhasan had died in quick succession in January 1937 i.e. during life time of their grand father and father. Contesting respondents asserted that in the year 1945-46 a compromise took place in between them and the petitioner and widow of Singhasan i.e. mother in law of the petitioner. The said compromise is alleged to have been entered into during mutation proceedings filed in the year 1945 i.e. immediately after the death of original tenure holder Ambika. Copy of the order passed on the alleged compromise is Annexure 4 to the writ petition (Ramayan respondent No. 3 is son of Baleshwar. Sri Singhasan father-in-law of the petitioner, Baleswar and Vishwanath original respondent No. 4 were real brothers. The pedigree is given below: Ambika Singhasan Baleshwar Vishwanath Rajendra Ramayan (Respondent No. 3) Asarfa (petitioner)