A.P.SAHI, J. - (1.) THE petitioner Kanhaiya Lal was recorded as a co-tenure holder in the Basic Year Revenue Records, when the consolidation operations commenced, over Khata No. 231 consisting of several plots of Village Mahuli Pargana Khairagarh Tehsil Meja, District Allahabad.
(2.) THE respondent nos. 4 and 5 claim that the name of Kanhaiya Lal, the petitioner and that of respondent nos. 6 and 7 Tilakdhari and Purshottam were wrongly recorded as such their names should be expunged. The contention was that the names were recorded on the strength of the order passed by the Judicial Officer, Meja in Case No. 31 of 1966 dated 18.7.1967 which had been set aside in appeal by the Additional Commissioner and the pending second appeal before the Board of Revenue had abated in view of the consequences enumerated in Section 5 of the U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the U.P. C.H. Act. They further contended that the name of Baul S/o Ishwar Deen through whom the petitioner claims succession was wrongly recorded, accordingly, the respondent nos. 4 and 5 prayed for expunging the names of the petitioner and respondent nos. 6 and 7. Another set of objection was filed by the respondent nos. 6 and 7, Tilakdhari and Purshottam @ Pratap @ Kally being sons of Jagai @ Lakhai supporting the claim of the respondent nos. 4 and 5 and objecting to the claim of the petitioner Kanhaiya Lal.
(3.) THE third set of objection was filed by the petitioner under Section 9-A of the U.P. C.H. Act contesting the sole claim of tenancy by the respondent nos. 4 and 5 alleging that the family of the petitioner and the contesting respondents was a joint family and the land being ancestral, the same deserves to be accordingly distributed in which the petitioner had half share. The petitioner claimed that the property had been acquired in an around 1312 Fasli which comes to the calendar year of 1905 AD. The branch of the petitioner had a pedigree was asserted by the petitioner as follows:- Shiv Deen Ishwar Deen Rameshwar Lakhai Baul @ Bau Purdul Sadhu Partay Tilakdhari Kanhaya Lal The branch that represented by the contesting respondent nos. 4 and 5 was as follows:- Matro Siyambar Dulum Chutkau Raghubeer Ram Chandra Akkali Ram Abhilash Ram Baks ;