S.N. Singh, J. - (1.) THE dispute in these writ petitions is in respect of Khata No. 9 of village Gwaroli Bhojgarhi, pargana Khurja district Bulandshahr.
(2.) IT is not disputed that this khata originally belonged to Kanchimal and Phool Chand. Kanchimal died on 28th December 1962 and was succeeded by his widow Smt. Angania. Smt. Angania adopted the Petitioner Jai Prakash and executed a registered adoption deed on 19th January 1963. Subsequent to this adoption on 9th October, 1963 Smt. Angania executed a gift deed in respect of her half share in the disputed holding in favour of Har Swaroop. This gift deed appears to have been executed in respect of more than 12 -1/2 acres. Thereafter on 9th October 1964 another document was executed terming it to be a clarification deed by which it was said that although Smt. Angania intended to execute a gift deed in favour of her daughter Smt. Sagia as well as her daughter's son Har Swaroop but by a clerical mistake the name of Har Swaroop only was mentioned. This document was executed to clarify the matter. On the start of consolidation proceedings in the basic year khata No. 9 was recorded in the names of Phool Chand and Har Swaroop. Jai Prakash filed an objection asserting that he being adopted son of Smt. Angania and Kanchimal was entitled to the co -tenancy right in the disputed khata and his name should be recorded in place of Har Swaroop. Another objection was filed, on behalf of Smt. Sagia daughter of Smt. Angania who also claimed co tenancy right with Har Swaroop in the disputed plot on the basis of the subsequent document which had been executed in favour of Har Swaroop and Smt. Sagia. Har Swaroop admitted the claim of Smt. Sagia and asserted that he along with Smt. Sagia was the tenure holder to the extent of half. Three cases were registered on the objections filed by these persons in respect of the same khata.
(3.) THE Consolidation Officer considered the cases of the parties and came to the conclusion that on adoption Jai Prakash was entitled to the half of the khata in dispute as the adopted son of Kanchimal. Accordingly he directed the expunction of the name of Har Swaroop and entry of the name of Jai Prakash.;