Rajnish Kumar,J. - (1.) Heard, Shri I.D. Shukla, learned counsel for the petitioners, Shri Rajeshwar, learned counsel for legal heirs of opposite party no.3 i.e. 3/a and 3/b. Notice on behalf of opposite party no.1 and 2 has been accepted by the learned Chief Standing Counsel.
(2.) This petition has been filed challenging the judgment and order dated 05.03.1979 passed by the Settlement Officer Consolidation under Section 11(1) of the Consolidation of Holdings Act 1953 ( here-in-after referred as the Act of 1953) and the judgment and order dated 09.12.1980 passed by the Deputy Director of Consolidation, Faizabad.
(3.) The facts, in brief, for adjudication of the present controversy are that the plot no.486/1 area 17 biswa and 10 dhur of Khata No.15 situated in village Simai Mohiapur, Pargana and Tehsil Akbarpur, District Faizabad was recorded in the name of Tazdar Khan, father of the petitioners as 'bhumidhar' in the basic year. The land in dispute was initially recorded in the name of one Zahoor Khan, which was subsequently came to be recorded in the name of Smt. Samagira. It was sold by Smt.Samagira by a registered sale deed dated 01.09.1965 to the father of the petitioners. Three objections were filed under Section 9(2) of the Act of 1953. One by Atta Abbas with the allegation that the sale deed executed by Smt. Samagira was not valid. Second objection was filed by Shiv Raj- opposite party no.3 (now dead and substituted by legal heirs) claiming the land in dispute on the basis of adverse possession. The third objection was filed by one Dhanju in respect of plot no.627. The petitioners filed objection to the objections claiming the entire property. The Consolidation Officer held Atta Abbas entitled to half share in land in dispute alongwith Tazdar Khan and also allowed in favour of the opposite party no.3 Shiv Raj and Dhanju by means of order dated 16.01.1972.;