BALRAMUPADHYA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is directed against orders dated 16.10.1981 passed by the Deputy Director Consolidation and the order dated 7.1.1986 passed by the Joint Director, Consolidation as contained in Anaexures 4 and 5 to the writ application.

(2.) Bereft of all unnecessary details the fact of the matter is as follows : Hira Upadhyay was the common ancestor of the parties. He had two sons, Gharbobhan Upadhyay and Rameshwar Upadhyay. There was a partition between the aforementioned two brothers. Gharbobhan Upadhyay died leaving behind four sons, namely Ram Nagina Upadhyay, Balram Upadhyay, (Petitioner no. 1) Anjani Kumar Upadhyay (Petitioner no. 2) and Doman Upadhyay, Rameshwar Upadhyay pre-deceased bis brother died leaving Ram Rati Devi and other heirs.

(3.) By reason of a registered deed of sale dated 10.2.1957, Choudhary Sheo Das Singh sold C. S Plot no. 319 to Ram Nagina Upadhaya, Balram Upadhyaya (Petitioner no. 1) and Rameshwar Upadhaya. All the purchasers had l/3rd interest in the said purchased properties. A registered deed of partition was executed on 17.5 1957 in terms where of 50 decimals of land in C S. Plot No. 319 was allotted to the share of the petitioners whereas Rameshwar Upadhyay was allotted a share in plot no 144 with the house standing thereupon. The said plots however at the preparation of revisional survey settlement records of right was sub-divided into two plots being plot nos 493 and 494 Plot No. 493 was recorded in the name of the petitioners and 4 decimals of the land being plot no- 494 was recorded as in the name of Rameshwar Upadhayaya.