Sudhir Narain, J. - (1.) THE present writ petition is directed against the order dated 12-5-87 passed by the Settlement Officer (C) and the order dated 8-6- 1992 passed by the Dy. Director of Consolidation, respondent Nos. 2 and 3 respectively in consolidation proceedings.
(2.) THE dispute between the parties relate to Khata Nos. 120, 71 and 20 situate in village Sitalpur Birecha, Pargana Haveli Tahsil Sadar Maharajganj district Gorakhpur. THEre is no dispute that the parties are related to each other and the relations as given in the following pedigree is not disputed : Nooran Denga Chotkan Ramzan --|----------| | Fattu Rahman ( ] Died issueless | Rasul | ---|--------|_ | Chhokat Muslim | P-l P-2 1 -----------|-----|------|--_ Habib Bhola Abbas fth Mukhtar Chirag AH R-4 R-6 R-5 R 7 R-8 Ancestors of the parties had proprietary rights in the village and they had sir and khud-kast. In 1321-Fasli sons of Nooran had 10.77 acres sir, 2.23 khudkast Zimam II 1.31 acres land Zimam II, total 20.31 acres. The three sons of Nooran, namely, Denga, Chhotkan and Ramzan each had equal share and according to the calculation it comes to 6, 76 acres for each of the sons. Denga and his son Rahman & grand-son Rasool executed sale deeds and simultaneously with the sale deeds they also executed surrender deeds surrendering their rights in the sir and khudkast land sold by them. Details of sale deeds are as under. Name of transferor Area transferred Name of vendee Date of sale. Denga 1 Acre Chotkan 6-6-1919 Denga 1. 66 Acres Karamat X Denga 1. 21 Acres Abbas X Rahman 1. 15 Acres Karamat 27-6-1935 Rasool .25 Acre Karamat X
(3.) RESULT of the sale deeds is that Denga and his descendants sold 5 63 acres of land out of 6i 76 acres of land which was their share in sir and khudkast land. The sale deeds which were executed in favour of Karamat by three separate sale deeds ; one by Denga, other by Rahman and the 3rd by Rasool, Karamat took possession of the said land got his name mutated and got separated his khata and the;e is no dispute with regard to the said land. Denga had executed one sale deed in favour of Chotkan, bis own brother and Abbas Ali son of Chhotkan. Consolidation proceedings started in the village and in the basic year Khatauni the name of Habib, Abbas Ali and Chirag Ali, sons of Chhotkan alone were recorded in Khata No. 120 In Khata No. 71 names of the petitioners Chokat and Muslim were recorded and Khata No. 20 was jointly recorded in the names of both parties. The contesting respondent and the petitioners both filed objections before the Assistant Consolidation Officer. The petitioners claimed that they have half shares in khata No 120 and their names should be recorded Respondent find objection stating that they were co-bhumidhars in khata No 71 and as regards khata No. 20. the dispute was regarding the shares of the parties. The Consolidation Officer partly allowed the objection of the petitioners by order dated 22 3-1982 The petitioners as well as respondents both filed appeals against the order of the Consolidation Officer before the Settlement Officer (Consolidation) who held that the sale deeds ware executed by Danga and his descendants regarding the sir and kudkast land and to the extent the area covered by the sale deeds their rights in the land extinguished with the result that the petitioner had only (0.8 decimal area in khata Nos. 71 and 20 and had no share in khata No. 1120. The petitioners filed revision before the Dy. Director of Consolidation He affirmed the findings recorded by the Settlement Officer (C) and dismissed the revision by order dated 8-6- 1992 The petitioners have challenged these orders.;