Sanjay Misra, J. - (1.) THIS writ petition arises out of proceedings under section 9 -A of the U.P. Consolidation of Holdings Act, 1953 (herein after referred to as the Act). It relates to claims over Khata No. 27 and Khata No. 194 situate in village Vishunpur Kala, Pargana Mahaich, Tehsil Chandauli, District Varanasi and its partition. It is directed against the orders dated 15.4.1975 in Case No. 6 passed by the Consolidation Officer, Sakaldiha, the order dated 2.8.1975 in Appeal No. 166/561 by the Settlement Officer Consolidation, Varanasi West and the order dated 4.8.1976 in Revisions No. 606/1268 and 608/1272 passed by the Deputy Director of Consolidation, Varanasi. The dispute is whether Rupwanti (respondent No. 4) was fraudulently and erroneously recorded over the khatas in question in the revenue record in the basic year along with the petitioners Telhu and Meghu. To such effect the Consolidation Officer framed an issue and the parties led their evidence.
(2.) THE petitioner Telhu and Meghu gave their oral statement that the property came down from Rupa who had two sons Janki and Tulsi and petitioner No. 1, Telhu was son of Janki and Meghu was son of Tulsi. According to them the respondent No. 4 Rupwanti was not the wife of Tulsi hence she has no claim over the share of Tulsi. The respondent No. 4 Rupwanti gave the pedigree of Rupa and stated that he had two sons Janki and Tulsi. According to her Janki had two sons Telhu (petitioner No. 1) and Meghu (petitioner No. 2). She claimed to be wife of Tulsi and she was also known as Basanti.
(3.) DOCUMENTARY evidence in the form of khatauni's was filed by the parties. The Consolidation Officer went through the khatauni's and recorded as under: - - ;