Prakash Krishna, J. - (1.) THIS is second round of litigation in this Court. The matter reached to this Court earlier in Writ Petition No. 889 of 1971, which was allowed on 22.01.1976 and the matter was restored back to the Deputy Director of Consolidation ( the D.D.C.) for decision afresh. After remand, the impugned order dated 04.03.1976 has been passed. The land measuring 4 Bigha out of 10 Bigha 2 Biswa of Khata No. 21 situate in village Chak Karim alias Khamipur, Pargana Jhunsi, District Allahabad is the subject matter of the present writ petition.
(2.) ON commencement of consolidation operation in the village, the said khata was recorded jointly in the names of Mahadeo Singh, his wife Smt. Saraswati Devi (the Petitioner), Kalika, brother of Mahadeo, Respondent No. 7 (since deceased), Jagroop who is represented by Respondents No. 3, 4 and 5 and Brij Mohan Respondent No. 6 (since deceased). The dispute in the present writ petition basically is between the Petitioners and the sons of Jagroop i.e. Respondents No. 3, 4 and 5. For the sake of convenience, Respondents No. 3 to 5 are described hereinafter as contesting Respondents. The present Petitioners filed an objection under Section 9 -A of the U.P.C.H. Act for expunging the names of the contesting Respondents from revenue record on the allegations that their names have been wrongly recorded as co -tenants. These persons according to the Petitioners have No. right, title or interest in the disputed land. The said objections were allowed by the Consolidation Officer by the order dated 25th May, 1970, which was set aside in appeal preferred by the contesting Respondents. The order of the first Appellate authority was set aside in revision preferred by the Petitioners by the order dated 5th December, 1970 and the said order has been set aside by this Court in the writ petition referred above.
(3.) THE facts of the case as unfolded in the pleadings of the parties relate back to the year 1949. Lala Manmohan Das was tenant of land comprising in Khata No. 21. A suit registered as Case No. 281 under Section 59 of the U.P. Tenancy Act was preferred by the present Petitioners along with Kalika against Lala Manmohan Das and the then Zamindar. In the said suit, the Defendants therein accepted the claim of the Plaintiffs (the Petitioners and Kalika Respondent No. 7) and the suit was decreed accordingly by the judgment and decree dated 19th August, 1949 by providing that: Suit decreed on admission. No. costs Amaldramad to be done accordingly.;