- (1.) HEARD Sri D.S.P. Singh and Sri C.S. Sharma, counsel for the petitioner and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Shailendra Kumar Singh, counsel for the respondents.
(2.) THE writ petition has been filed against the orders of Consolidation Officer (respondent -3) dated 28.11.1980, Settlement Officer Consolidation (respondent -2) dated 18.09.2003 and Deputy Director of Consolidation (respondent -1) dated 18.07.2013, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute relates to the land of basic consolidation year khata -2 of village Nakchhedpur, which was recorded in the name of Smt. Gujrati, khata -6 of village Ekla, which was recorded in the name of Smt. Champa (respondent -4) and khata -5 of village Belwariya, which was recorded in the names of Bipti wife of Baijnath, Baghiya, wife of Jamuna Mahraj and Jagrani wife of Birju (transferees of Smt. Champa (respondent -4). Ram Charittar Singh (now deceased and represented by the petitioner) and Ram Naresh Singh (the petitioner) filed objections (registered as Case Nos. 543/3400 to 3403) under Section 9 -A of the Act, for deleting the names of the recorded tenure holders and recording their names over the land in dispute as the heirs of Smt. Gujrati. It has been stated by the petitioner that land in dispute was their ancestral property and coming in their joint family from the time of Sujan Singh (common ancestor). Sujan Singh had two sons, namely Rakshpal Singh and Bhairo Singh. Rakshpal Singh had two sons Mahadeo Singh and Dwarika Singh. Smt. Gujrati, recorded tenure holder, was the widow of Mahadeo Singh. Bhairo Singh had four sons, namely Ram Tawakal Singh, Vikrama Singh, Shiv Baran Singh and Harakhu Singh. The family of the two branches of Rakshpal Singh and Bhairo Singh through out remained joint. About 60 years ago, Mahadeo Singh went to Bombay but he was neither returned nor was heard thereafter. Smt. Gujrati was a childless young woman as such sons of Bhairo got her name mutated over the land in dispute, in place of Mahadeo Singh. Dwarika Singh was unmarried, as such, he also surrendered his share in favour of Smt. Gujrati although the land in dispute was occupancy tenancy and surrender by Dwarika Singh was invalid. Amongst the four sons of Bhairo Singh, only the branch of Ram Tawakal was continuing and other sons died issueless. The applicants were grand son of Ram Tawakal. Share of Mahadeo Singh was inherited by Dwarika Singh and after death of Dwarika Singh, it was inherited by Harakhu son of Bhairo Singh. After the death of Harakhu, the applicants inherited the land in dispute as Smt. Gujrati had only life interest and died as a member of joint Hindu family. Kausik Singh was a teacher in Primary School and was posted in the village of the petitioner. He developed intimacy with their father Raj Kumar. He with malafide intention got the name of Smt. Champa recorded over some khatas after death of Gujrati although there is no lady of the name of Smt. Champa and it is merely a fake name. Smt. Champa had nothing to do with the land in dispute.
(3.) THE objection of the petitioner was contested by Smt. Champa as well as her transferees. It has been stated by Smt. Champa that branches of Rakshpal Singh and Bhairo Singh were separated long before 1291 F. The land in dispute was exclusively recorded in the name of Rakshpal Singh in 1291 F. After his death, it was recorded in the names of Mahadeo Singh and Dwarika Singh in 1307 F. Thereafter name of Smt. Gujrati widow of Mahadeo Singh was recorded since 1334 F. Dwarika Singh also surrendered his share in her favour through the deed dated 16.08.1945. Dwarika Singh died on 11.12.1945 and his cremation was performed by Smt. Gujrati. Had the petitioner or his father living jointly, it was improbable for a lady to perform cremation of her husband's brother. Smt. Basanti was the daughter of Smt. Gujrati, who was married to Kausik Singh and Vijay Bahadur was her son. Smt. Basanti and Vijay Bahadur were living with Smt. Gujrati through out her life, in her house and looking after her. Smt. Gujrati executed a registered will dated 10.09.1943 in favour of Vijay Bahadur, her daughter's son. Smt. Gujrati died on 15.05.1958 and was inherited by Vijay Bahadur. Unfortunately, Vijay Bahadur also died on 02.07.1958 and was inheritted by his widow Smt. Champa. After death of Smt. Gujrati, lekhpal of village Ekla and Belwariya mutated the name of Vijay Bahadur on the basis of PA 11 and after his death the name of Smt. Champa was also mutated in the revenue records of villages Ekla and Belwariya. The properties of village Belwariya was sold by Smt. Champa and the names of her transferees were mutated over it and objections of the petitioner were rejected. Smt. Basanti died on 03.07.1972. Smt. Champa Devi was the heir of Smt. Basanti. The petitioner is not the heir of Mahadeo Singh and Dwarika Singh. There was nothing on record to prove that Bhairo Singh was son of Sujan Singh.;