NARAYAN SHUKLA, J. - (1.) HEARD Mr. Vishal Singh, learned counsel for the petitioners and Mr.S.K.Mehrotra, learned counsel for the private opposite parties.
(2.) THE petitioners are aggrieved with order dated 30.10.1979 passed by the Joint Director of Consolidation, Faizabad i.e. opposite party no.1 in Revision No.1516/1972 setting aside the order dated 3.11.1972 passed by the Assistant Settlement Officer Consolidation, Faizabad. The dispute relates to Khata no. 91, situate at village Manwarpur, Pargana Bidhar, Tehsil Tanda, District Faizabad. During the course of consolidation proceeding, the opposite party no.5 filed an objection claiming her right of 1/3 share and subsequently share over the land in dispute on the basis of recording her name in the revenue records in place of petitioner's maternal uncle, who executed gift deed in her favour on 5.6.1963. The Consolidation Officer, Faizabad i.e. opposite party no.3 rejected the objection of opposite party no.5 by means of order dated 13.12.1971 on the ground that donor was only Sirdar without having any right to gift the property. Accordingly, he also held that gift was void. Against the order dated 13.12.1971 she filed an appeal before the Settlement Officer Consolidation, Faizabad, who upheld the order passed by the Consolidation Officer, Faizabad with the observation that Mr. Ramdaur Singh though deposited ten times of rent for grant of bhumidhari certificate, but the same was not issued to him, therefore he never acquired right of bhumidhari and also never acquired right of transfer by way of gift, being aggrieved with which she filed revision before the Joint Director of Consolidation,Faizabad. During proceeding of revision Mr. Ramdaur Singh died and then dispute arose regarding his heir-ship. Therefore, the Joint Director of Consolidation remanded the matter to the Consolidation Officer to settle the dispute of heir-ship of Mr. Ramdaur Singh, who adjudicated upon the same and held that Mr. Rampyare Singh is a nearest relative and legal heir of Ramdaur Singh. He referred the matter to the Deputy Director of Consolidation for its final decision. The Deputy Director of Consolidation,Faizabad considering the fact that since ten times rent was already deposited for grant of bhumidhari certificate, which could not have been refunded observed that Mr. Ramdaur Singh had become Bhumidhar, accordingly, by setting aside the order passed by the court below he issued direction to the Revenue Officer to record the name of opposite party no.5 against half share of gata no 91 on the basis of said gift deed.
(3.) LEARNED counsel for the petitioners submits that since bhumidhari certificate was not granted to Mr. Ramduar Singh or his legal heir, there was no question of treating him as bhumidhar having the right of transfer from the date of deposition of rent.;