DWARIKA PRASAD DUBEY (DEAD) AND ANOTHER Vs. RAM CHANDRA SINGH AND OTHERS
LAWS(ALL)-2003-9-348
HIGH COURT OF ALLAHABAD
Decided on September 17,2003

Dwarika Prasad Dubey (Dead) And Another Appellant
VERSUS
Ram Chandra Singh And Others Respondents

JUDGEMENT

S.K. Singh, J. - (1.) Heard learned Counsel for the parties.
(2.) By means of this writ petition, petitioners have challenged the judgment of the Consolidation Authorities by which basic year entry which stood in the name of the petitioners have been directed to be expunged and the opposite parties have been directed to be recorded as Bhumidhar.
(3.) There appears to be no dispute about the fact which is also clear from the findings so recorded by the Courts below that property belongs to one Jangi Singh and Anantu who happened to be the brothers coming down from other branch to the branch to which opposite parties belongs. It has come in the judgment that Smt. Niranji Singh wife of Jangi Singh and Anantu has executed a gift deed in the year 1923 in favour of Sonkali and Ramkali who happened to be daughters. On the basis of the gift deed names of the aforesaid ladies came to be recorded in the revenue papers. It is thereafter the property was transferred in the year 1946 to one Januna Prasad etc. who in its turn transferred in favour of the petitioner in the year 1961, upon which name of the petitioners continued up to the basic year record. The consolidation authorities by taking ground that as Sonkali and Ramkali had no right in the property and therefore on the basis of the transfer made by them neither Jamuna Prasad nor the petitioners can receive any right and thus the opposite parties/objectors have been directed to be recorded as Bhumidhar of the land. It is this exercise by the consolidation authorities which has made the petitioners aggrieved to come up to this Court.;


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