Shitla Pd. Srivastava, J. - (1.) This writ petition, under Article 226 of the Constitution of India, has been filed by the petitioners for quashing the order dated 24.2.1973 passed by the Settlement Officer Consolidation, Jaunpur and order dated 28.2.1978 passed by the Deputy Director of Consolidation, Jaunpur.
(2.) It appears from the pleading of the parties that the property in dispute is of village Kurthuwa, Pargana Gardwara, Tehsil Machchli-shahar, district Jaunpur.
(3.) From the pleading of the petitioners, it is apparent that Gajadhar was a fixed rate tenant of certain properties situate in different villages, namely, Kurthuwa, Meerapur Stroman. Manapur and Ghuskhuri. The fixed rate tenancy of these villages were mortgaged by Gajadhar in favour of certain outsiders who are neither interested nor are necessary parties in the suit. Gajadhar died leaving behind him his widow Smt. Sirtaji, who through registered sale deed sold her entire right of redemption to Mala Badal, who has been shown in the pedigree. Mata Badal also died and his right that he purchased from Smt. Sirtaji (right of redemption) devolved on his other co-sharers, namely. Muncshwar. Bindeshwari and Bat Karan. The co-sharers above named sold their right of redemption in favour of Bhagwan Din Singh through registered sale deed dated 19.6.1997 with a condition that the vendee, namely, Bhagwan Din Singh will be entitled to redemption on paying back their debt. It appears that after the purchase of equity of redemption, the said Bhagwan Din Singh made the Bharpai of the said mortgage and became owner of the fixed rate tenant, which was once possessed by Smt. Sirtaji. Bhagwan Din Singh died leaving behind him his son Bhagwati Din Singh, who has been arrayed as respondent No. 3 in the present writ petition. It is stated that Smt. Sirtaji died in the year 1940. She was Hindu widow and had only a life interest in the property of all the four villages, which she inherited from the husband Gajadhar. Therefore, after her death, the property devolved on the heirs of Gajadhar again. It is further stated that Bhagwan Din Singh actually purchased the right of redemption in respect of the village Kurthuwa (property in dispute) and did not make any purchase in respect of other villages, namely, Meerapur Siroman. Ghuskhuri and Manapur, which was purchased by other persons. It is further stated that the petitioners filed four suits for partition in respect of the properly situated in four villages. Suit No. 98 was filed in respect of village in question and Suit Nos. 97. 99 and 100 were filed in respect of other three villages. All the suits were consolidated and were decreed by Sri Ishwar Sahai. Judicial Officer on 20.3.1944, final decree was prepared on 30.4.1945 in respect of Suit No. 98 of the village in question. Respondent No, 3. Bhagwati Din Singh son of Bhagwan Din Singh, who was purchaser of right of redemption was party in Suit No. 98 only.;