- (1.) Heard Sri R. C. Srivastava, for the petitioners and Sri V.K. Singh and Sri A.K. Rai, for the respondents.
(2.) The writ petition has been filed for quashing the orders of Assistant Settlement Officer Consolidation (respondent-2) dated 16.12.1974 and Deputy Director of Consolidation (respondent-1) dated 16.12.1975, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to the land of khatas 78 and 177 of village Naudar, pargana Barah, district Varanasi. In basic consolidation year, disputed khatas were recorded in the names of Farid Ahmad, Abdul Hamid and Bashir Ahmad (now represented by the petitioners). Matbar Ali, Mohd. Mustaqim and Jinnat Bibi (respondents-3 to 5) (hereinafter referred to as the respondents) filed an objection claiming 1/5 share for Minnat Bibi (mother of respondents-3 and 4) and 1/5 share for Jinnat Bibi (mother of respondent-6) in the land in dispute. It has been stated by the respondents that the land in dispute was the property of Shekh Jama who had two wives. From the first wife of Shekh Jama, three daughters namely Abbasi Bibi, Nabuat Bibi and Anno Bibi were born and his second wife was Smt. Bashiran from whom three daughters namely Minnat Bibi, Jinnat Bibi and Becho and one son Ali Jan were born. Shekh Jama died in the year 1893. Three daughters from the first wife were given their share after death of Shekh Jama and the property of the share of Smt. Bashiran her daughters and sons were recorded in the name of Smt. Bashiran. After her death, the remaining property was inherited by the three daughters and one son as such they have 1/5 share each in the land in dispute. The petitioners contested the objection and stated that Shekh Jama had only one wife Smt. Bashiran from whom three daughters namely Abbasi Bibi, Nabuat Bibi and Anno Bibi and one son Ali Jan were born. During his life time, Shekh Jama gifted about 10 bigha land to his three daughters, namely Abbasi Bibi, Nabuat Bibi and Anno Bibi and remaining property was gifted to Smt. Bashiran. Smt. Bashiran died in the year 1937. Smt. Bashiran orally gifted the land in dispute to Ali Jan. After death of Smt. Bashiran, the name of Ali Jan, alone was recorded over the land in dispute and since then he was in exclusive possession over the land in dispute. The case was heard by Consolidation Officer, Mirzapur, Camp Chahaniya, who by his order dated 08.10.1973 held that Shehkh Jama had two wifes and from the first wife of Shekh Jama three daughters namely Abbasi Bibi, Nabuat Bibi and Anno Bibi were born and Smt. Bashiran was his second wife. After death of Shekh Jama, the name of Smt. Bashiran, alone was mutated, which proved that Shekh Jama orally gifted the property in dispute to Smt. Bashiran as well as three daughters from first wife. There is no evidence to prove that Minnat Bibi, Jinnat Bibi and Becho were daughters of Shekh Jama or Smt. Bashiran. Although Minnat Bibi gave a notice for partition of her share in the land in dispute on 12.11.1958 but no suit was filed. In the panchayat, she executed an agreement admitting that she was not daughter of Smt. Bashiran and Shekh Jama. On these findings the objections of the respondents were dismissed.;