MAM CHAND Vs. D.D.C. AND ORS.

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The present writ petition has been filed against the order dated 8.12.1995 passed by the Deputy Director of Consolidation, Saharanpur, i.e., respondent No. 1 (hereinafter referred to as, 'D.D.C.') in Revision No. 518 registered under Section 48 of the Uttar Pradesh Consolidation of Holdings Act, 1953 (hereinafter referred to as, 'Act, 1953').

(3.) The dispute in the present writ petition as well as in the consolidation proceedings from which the present writ petition arises relates to Khata No. 86. One Kundan was the original tenure holder of the plots included in Khata No. 86. Kundan had three sons namely Amar Singh, Mangat and Jangu. Petitioner is the son of Jangu while respondents are the sons of Mangat. After the death of Kundan the disputed plots devolved on his sons Amar Singh, Jangu and Mangat. The dispute between the parties in the consolidation proceedings was as to whether Amar Singh had died before Jangu or Jangu had predeceased Amar Singh. The aforesaid fact was necessary to determine the shares of the parties inasmuch as if Amar Singh had died before Jangu, the petitioner would have 1/2 share in the disputed plots, but if Jangu had predeceased Amar Singh, petitioner would have 1/3 share in the disputed plots. In their orders, the consolidation authorities held that Jangu died before Amar Singh. The findings relating to the date of death of Jangu and Amar Singh are findings of fact, which are not amenable to interference by this Court under Article 226 of the Constitution of India.