- (1.) THIS writ petition seeks to challenge the judgement and order dated 11.10.1972, passed by Deputy Director of Consolidation, Pratapgarh, whereby the revision petition preferred by the opposite parties before him against the order of Settlement Officer, Consolidation and that of the Consolidation Officer was allowed. I have heard Sri Balram Yadav, learned counsel appearing for the petitioners and Sri Mohd. Arif Khan, Senior Advocate assisted by Sri Mohd. Aslam Khan, learned counsel for the opposite parties and have also gone through the material available on record.
(2.) THE facts of the case giving rise to the present petition are that the dispute arose during consolidation proceedings in respect of land of Khata Nos. 32, 33 and 37, situate in village Madafarpur, Pargana and Tehsil Patti, District Pratapgarh. However, the dispute in the present petition is confined only in respect of land of Khata nos. 32 and 37. According to the facts on record, in the basic year, the land of Khata No. 32 was recorded in the name of opposite parties (or predecessor-in-interest of opposite parties). Khata No.37, in the basic year, was recorded in the name of Ram Prasad Singh i.e. opposite party no.2. The pedigree in the instant case is not disputed, which is as under: Sudishnarayan Singh Udraijsingh Jogi Singh Munna Singh Israil Singh Sher Bahadur Singh Chhotey Lal Avadhesh Prasad Ganesh Singh Laxman Singh Ram Prasad Rajdev Singh Shiv Prasad Singh Rajpati Singh Tribhuvan Singh Ranbahadur Singh Tej Bahadur Singh Ranjit Singh Manmohan Singh Though, the land of Khata No. 33 is not in dispute in the instant petition but the background of the disputed land relating to said khata is also pertinent to be given. Khata no.33, in the basic year, was recorded in the names of Ram Deo Singh, Sheo Prasad Singh, Ran Bahadur Singh, Tej Bahadur Singh, Ranjit Singh, Manmohan Singh and Israil Singh. In respect of said Khata, objection was filed by Ram Prasad Singh stating therein that it was ancestral property and as such he should be recorded as co-sharer. Another objection under Section 9 of U.P. Consolidation of Holdings Act, 1953 was preferred by petitioner-Sher Bahadur Singh, stating therein that at the time of death of Munna Singh, since only his father Israil Singh (amongst the brothers of Munna Singh) was alive, as such after the death of Munna Singh, two-third portion of the land came in possession of Israil Singh and one third of the land came in possession of Jogi Singh and since then they are in possession. The issue before the Consolidation Officer, Pratapgah in respect of land of Khata No. 33 was to the effect that as to whether Ram Prasad Singh is co-share holder of the land of Khata No. 33. The Consolidation Officer decided the matter and held that in respect of land of Khata No. 33, Sher Bahadur Singh, Chhotey Lal and Awadhesh Prasad Singh be recorded as legal heirs of the deceased Israil Singh and along with them, name of Ram Prasad Singh be recorded as co-share holder. So far as the decision in respect of land of Khata No. 33 is concerned, it appears that the parties do not have any dispute and hence the same was not raised any further. However, in respect of the land of Khata Nos.32 and 37 parties are at loggerheads. So far as the claim of respective parties over the land in Khata no. 32 is concerned, as stated above, this Khata in the basic year was recorded in the name of Ram Deo Singh, Sheo Prasad Singh, Tribhuvan Singh, Tej Bahadur Singh, Ranjit Singh and Ram Prasad Singh and objection was moved under Section 9 of the U.P. Consolidation of Holdings Act by petitioner-Sher Bahadur Singh claiming therein his co-tenancy rights on the ground that the land in question was ancestral and his share was to the extent of two-third of the total area.
(3.) SO far as the land of Khata No. 37 is concerned, it was recorded in the name of Ram Prasad, son of Laxman Singh and Sher Bahadur Singh and others had filed objection stating therein that they were co- tenants and that their share was two-third in the land in dispute which was ancestral. The Consolidation Officer considering the entire evidence led before him and taking into account all the facts and circumstances of case, in his judgement dated 14.07.1971 held that in respect of Khata No. 32, along with other recorded tenure-holders, the names of Sher Bahadur Singh, Chhotey Lal Singh and Awadhesh Prasad Singh (petitioners) be recorded and accordingly determined the shares of the respective parties in the said Khata. The Consolidation Officer by the said judgement also held that Sher Bahadur Singh, Chhotey Lal and Awadhesh Prasad Singh are the co-tenants along with Ram Prasad Singh in respect of land of Khata No. 37. After determining the co-tenancy, the Consolidation Officer determined the respective shares of the parties.;