INDRAPATI Vs. DEPUTY DIRECTOR OF CONSOLIDATION

JUDGEMENT

(1.) THIS writ petition is directed against the order of the Deputy Director of Consolidation dated 30 -6 -78, by which the revision filed by the petitioner was dismissed and the revision filed by respondent No. 3 was allowed.

(2.) THE facts of the case in brief are that in the basic year khatauni, on khata No. 116, the name of Indrapati; on khata No. 24, the name of Ram Adhar and Indrapati, on khata No. 46, the name of Baba, Gangadeen, Gingen, Girja Shanker, and Indrapati and on khata No. 234, the name of Ram Adhar and Ram Dular were recorded as tenure -holders. An objection was filed under Section 9 -A (2) of U. P. Consolidation of Holdings Act by Girja Singh, respondent No. 3 claiming to be sole tenure -holder and denying the title of Smt. Indrapati on the ground that she had remarried and her name has been wrongly recorded in the revenue papers, which should be expunged. Another objection was filed by Smt. Indrapati, the petitioner, claiming to be co -tenure -holder of all the aforesaid khatas with half share therein. The relationship between the parties will be clear from the admitted pedigree given, below:

(3.) THERE were two main questions for consideration in this case. Firstly, whether remarriage of Smt. Indrapati has been proved and secondly, what is the share of Indrapati in the disputed holdings.