VIKRAM NATH, J. - (1.) HEARD the learned counsel for the petitioner.
(2.) IN the basic year entries the petitioner and the respondent no.4 were jointly recorded as co-tenure holders. The petitioner filed an objection that as his father Pargas had purchased the entire land of the khata, he should be exclusively recorded and the name of the respondent no.4 be expunged. The Consolidation Officer framed three issues. The first issue was whether the name of Barsati was wrongly recorded over the land in dispute. The second issue was whether the petitioner being the legal heir of Pargas was entitled to be exclusively recorded over the land in dispute. The third issue was whether the respondent no.4 was entitled to be exclusively recorded over the land in dispute. The Consolidation Officer by order dated 24.12.1973 held that the petitioner's father Pargas had purchased the entire land of the khata and therefore after his death he would be entitled to be exclusively recorded over the land in dispute and accordingly directed that the name of the respondent Barsati be expunged from the record. Respondent No.4, Barsati filed an appeal. The Settlement Officer Consolidation came to the conclusion that the sale deed was in respect of only 1/2 share and therefore the petitioner and the respondent no.4 were correctly recorded in the basic year records and accordingly directed for maintaining the basic year entries. The revision filed by the petitioner has been dismissed. The Deputy Director of Consolidation has concurred with the finding recorded by the Settlement Officer Consolidation. It is against the said orders that the present petition has been filed.
(3.) IT is not in dispute that the khata in question originally belonged to one Ram Kishun. Ram Kishun had two sons, Tulsi and Ganga. Tulsi had executed a sale deed in 1938 in favour of Pargas, father of the petitioner Yagya Narain. Tulsi had only 1/2 share as such he could not have transferred more than his share under the sale deed, and therefore, the petitioner upon the death of his father Pargas would inherit only 1/2 share of the khata in question coming down from Ram Kishun. Barsati is the son of Ganga. Therefore he continued to be recorded as co-sharer with Pargas initially and thereafter with the petitioner Yagya Narain.;