S.N. Singh, J. - (1.) THESE two writ petitions Under Article 226 of the Constitution arise lout of consolidation proceedings and are directed against the same order of the Deputy Director of Consolidation as such they are being disposed of by a common judgment.
(2.) THE facts giving rise to the two petitions are that one Jiwa Ram father of opposite party No. 4 and father -in -law of opposite party No. 5 had two sons Chhabi Ram and Ram Chandra. Chhabi Ram's widow is Smt. Ram Katori opposite party No. 5. Jiwa Ram died in the year 1920 leaving behind his two sons Ram Chandra and Chhabi Ram. Chhabi Ram died in the year 1925 leaving his widow Smt. Ram Katori and Ram Chandra his brother. After the death of Chhabi Ram it appears that a dispute arose between Ram Chandra and Smt. Ram Katori. This dispute appears to have been settled by execution of an agreement dated 12th February 1927 by which Smt. Ram Katori was allowed maintenance of Rs. 360/ - per annum cash and was further allowed to cultivate certain land. The above mentioned agreement was later on superseded by a new agreement in the year 1936 and on 10th February 1936 another agreement was executed by which Suit. Ram Katori became entitled to Rs. 125/ - cash and she was given right to cultivate Khata No. 2 which is in dispute in the present case. By this agreement she was also given the right to sublet the land comprised in Khata No. 2 if she so desired. The agreement arrived at between the parties mentioned above is annexure 'A' to the petition. After the execution of this agreement it appears that Smt. Ram Katori filed suits in the civil court for the payment of maintenance allowance which were decreed and Ram Chandra was made to pay the amount decreed. Khata No. 2 which was given to Smt. Ram Katori for cultivation in lieu of maintenance allowance consisted of sir and khudkasht plots. On the passing of the UP ZA and LR Act these plots of Khata No. 2 were recorded as the sirdari of Smt. Ram Katori. Smt. Ram Katori obtained bhumidhari Sanad in respect of this khata. Having obtained bhumidhari Sanad she executed sale deed in respect of a part of this Khata on 30th July 1954 in favour of her son -in -law Krishna Murari the Petitioner and thereafter she executed a gift deed dated 25th March 1955 in respect of the remaining part of Khata No. 2 in favour of the same Krishna Murari with the result that Krishna Murari the Petitioner came to be recorded as bhumidhar of the entire khata No. 2 aforesaid.
(3.) IN the beginning of 1965 consolidation proceedings started in the village in question. Ram Chandra opposite party No. 4 filed an objection in regard to Khata No. 2 claiming that the said Khata was his bhumidhari property and the name of the Petitioner Krishna Murari was wrongly recorded which should be expunged.;