RAKESH SHARMA, J. - (1.) THE matter relates to year 1985 as such it requires expeditious disposal.Heard.
(2.) SRI H.S.Jain, learned counsel for the petitioner and learned standing counsel appears for respondent nos. 1, 2 and 3. Respondent nos. 4 to 8 are represented by Sri Vinod Ku. Singh. The subject matter in dispute was allocation of shares to the members of a joint family of cultivators of a village in respect to agricultural land situate in village Kusmaura, Tahsil Utraula, District Gonda. During consolidation operations the father of the petitioners and opposite parties no. 4 to 8 preferred objections against the proposed shares by the consolidation and revenue authorities. As per petitioner's counsel, the father of the petitioners was entitled to 5/9 shares in the property on the ground that he is entitled to be allotted 1/3 share of Jagannath and 1/9 of Smt. Pran Dei besides 1/9 of his own.On the other hand, the opposite parties had pleaded that father of petitioner was entitled to be allotted only 1/4 share in the disputed Khata. Three issues were framed by the Consolidation Officer. It was highlighted by the petitioner that the real brothers of Jagannath, Ghirrau and Somai were dead in the life time of Jagannath and the son of Jagannath. In this regard, averments made in Paragraph-8 are relevant, the same are being quoted below:- That the first contention from the side of the petitioners was that real brothers of Jagannath, Ghirram and Soman were dead in the life time of the said Jagannath and the son of Jagannath, namely Hardwar was also dead. Further more Jagannath after the death of his son Hardwar married his daughter-in-law (Hardwar's wife) with Sita Ram and executed a registered Will deed in favour of Sita Ram and bequested his entire property in favour of the father of the petitioners.
(3.) AS per learned counsel for the petitioner, Hardwar also died. After death of Haridwar his wife Ram Kalla was married to Sita Ram. Since this arrangement was made with the consent of Jagannath and other elders, a registered Will deed was also executed in favour of Sita Ram. The entire property of Jagannath was to be succeeded by the father of the petitioners. It was further submitted that the real brother of Sita Ram who was the father of the opposite parties no. 7 and 8 died prior to Badri and after the death of Badri's wife namely Pran Dei, the petitioners were entitled to be allocated 1/9 share more, held by Badri who was the real brother of the father of the petitioner. Thus, the petitioners became entitled to a share of 1/9 in accordance with their share in the ancestral property. The petitioners were therefore entitled to a share of 1/9 in accordance with their share in the ancestral property plus 1/3 share bequeathed by Jagannath and 1/9 share after the death of Smt Pran Dei. It was asserted that opposite parties 7 and 8 being the nephews of Badri and the father of the petitioners being his real brother was entitled to be allocated the aforesaid 1/9 share of Badri or his wife Pran Dei.;