B.K.NARAYANA, J. - (1.) HEARD Sri Arun Kumar Misra holding brief of Sri R. S. Misra learned counsel for the petitioners and Sri R.C. Gupta learned counsel for the respondent nos. 4 and 5.
(2.) THIS writ petition has been filed by the petitioners for quashing the orders dated 05.03.1980, 22.11.1980, 23.01.1984 passed by respondent nos. 3, 2 and 1 respectively. The dispute in the present case relates to land of Khata No. 153 situate in village Dubaulli and the Khata no. 5 situate in village Akbarpur (herein after referred to as the disputed holdings). Khata no. 153 was recorded in the basic year khatauni in the name of petitioners and one Ram Charan while khata no. 5 was recorded in the basic year khatauni in the name of petitioners only. The respondent nos. 4 and 5 filed an objections under Section 9A (2) of the Consolidation of Holdings Act (herein after referred to as the Act) claiming co-tenancy rights in the disputed holdings on the ground that the land of the aforesaid holdings was ancestral jointly family property. They further stated that the holdings belonged to one Tejman common ancestor of the parties. They thus prayed that their names be recorded as co-tenure holders alongwith the petitioners in the disputed holdings and they be given half share therein.
(3.) THE case was contested by the petitioners who gave the following pedigree: Tejman Ram Charan Kawal Brijraj Khudi Deepraj Abhiraj;