- (1.) This writ petition is directed against the order dated 29.3.1978 passed by the Deputy Director of Consolidation, Allahabad in Revision No.271 (Phool Chand Vs Chhaidua) Annexure-1 to the writ petition as also the order dated 25.6.1977 passed in Appeal no. 13 under Section 11 of the U.P. Consolidation of Holdings Act (Chhaidua Vs Phool Chand) by the Settlement Officer Consolidation, Allahabad.
(2.) During the pendency of this writ petition the respondent no. 3 Chhaidua died and has been substituted by his heir and legal representative namely Raghu Raj who also died and has been substituted by his heir namely Kallu. When this writ petition was filed an interim order dated 25.7.1978 had been passed wherein it was provided that the petitioner will not be dispossessed from the land in dispute.
(3.) Sri Suresh Kumar Srivastava along with Sri C.B. Singh learned counsel for the petitioners have submitted that the Village Sanwat, Pargana Hathgaon, District Fatehpur was brought under consolidation operations with the issue of notification under Section 4 of the U.P. Consolidation of Holdings Act in 1380 Fasli. The respondent no. 3 Chhaidua and Smt. Mithunia widow of Sukhdeo the real brother of Chhaidua were recorded as co-tenants in Khata no. 279 and 280 in the basic year. The case setup is that Smt. Mithunia widow of Sukhdeo having only daughters and no son adopted the petitioner Phool Chand in order to continue the male lineage of her husband Sukhdeo and while adopting him all the religious formalities were performed and an adoption deed was prepared and registered with the Sub Registrar, Fatehpur on 19.4.1975. 3. Smt. Mithunia the adoptive mother of the petitioner Phool Chand is alleged to have died on 1.6.1975 hence the petitioner Phool Chand filed an application before the Assistant Consolidation Officer for mutation of his name in the revenue record in place of his deceased adoptive mother Smt. Mithunia. The four daughters of Smt. Mithunia namely Chitani, Chandania, Sonia and Rajji also filed their objections claiming rights by succession from their mother Smt. Mithunia. Another objection is alleged to have been filed by the respondent no. 3 namely Chhaidua claming to be recorded in place of Mithunia on the ground that he is real brother of Mithunia's deceased husband Sukhdeo. The Consolidation Officer decided the said objections and allowed the claim of the petitioner Phool Chand who was the adopted son of Smt. Mithunia but rejected the claim of Chhaidua and the others. The petitioner Phool Chand's name was directed to be mutated in the revenue records in place of his adoptive mother Smt. Mithunia by the order dated 29.9.1976.;