- (1.) The petitioners claim that their descent is governed by the following pedigree : This dispute relates to the land claimed by the petitioners to be their holding, which according to them had been wrongly clubbed with the holding of Sheo Bali Singh, and then erroneously declared surplus under the U.P. Imposition of Ceiling on Land Holdings Act, 1960. The said issue of wrong clubbing of the land was contested by Sheo Bali Singh on the ground that the petitioners herein are holding the said land in their own capacity being the sons of Janardan Singh. This issue being Issue No. 2 was contested after oral and documentary evidence was led where after it was held that the petitioners are the sons of Janardan Singh. Therefore the disputed land was their holding which has been wrongly clubbed with the holding of Sheo Bali Singh. The finding recorded by the Prescribed Authority in the order dated 31.8.1976 while deciding the said issue is reproduced here in under :
(2.) The said order of the Prescribed Authority became final as no appeal was filed against the same. The land of Plot No. 1482 of Village Parsauli to the extent indicated therein only was declared surplus. This obviously did not form part of the land of the holding of the petitioners. The State also does not appear to have contested the said order.
(3.) Consolidation operations had intervened and the respective shares of the tenure holders which according to them was also separated under a partition decree of the competent Court dated 29.3.1971 in proceedings under Section 176 of the U.P. Z.A. & L.R. Act, 1950. The chaks were carved out and they were already in possession of their respective chaks.;