- (1.) Heard Sri S.L. Yadav, counsel for the petitioners. List has been revised but no one appears for the respondents.
(2.) This writ petition has been filed for quashing the order of Deputy Director of Consolidation, Gorakhpur (respondent-1) dated 30.09.1978 passed in Revision No. 1164/4284/1794, Suryamani and another Vs. Chauthi and order of Settlement Officer Consolidation, Mahrajganj, Gorakhpur (respondent-2) dated 02.03.1977 passed in Appeal No. 42/198, Chauthi Vs. Suryamani and another, arising out of the title proceeding under U.P. Consolidation of Holdings Act, 1953, (hereinafter referred to as the Act).
(3.) The dispute relates to basic consolidation year khata 22 (consisting of plot Nos. 360 (area 0.19 2/3 acre), 523 (area 0.15 acre), 1083 (area 0.19 acre) and 1087 ((area 0.21 2/3 acre) of village Siswa Amhawa, tappa Kathara, pargana Haweli, district Gorakhpur. In basic consolidation year, name of Smt. Dukhani widow of Chandi was recorded over the land in dispute. Smt. Dukhani was dead. Suryamani and Ram Dhani (the petitioners) filed an objection (registered as Case No. 1201) under Section 9-A (2) of the Act, for recording their names over the land in dispute, on the basis of the gift deed dated 07.09.1970 executed by Chandi. Chauthi (respondent-3) contested the objection and denied execution of the gift deed and stated that gift deed dated 07.09.1970 was the fabricated document. Chauthi stated that he being the real brother of Chandi was his heir after death of Smt. Dukhani. The case was tried by the Consolidation Officer, Mahrajganj, Gorakhpur. The petitioners filed certified copy of the gift deed dated 07.09.1970, certified copy of the written statement of Smt. Dukhani, filed in Suit No. 285 under Section 229-B of U.P. Act No. 1 of 1951, the irrigation slips and copy of khatauni 1380-82 F and examined Ram Dhani as PW-1, Banshraj as PW-2 and Ramjas as PW-3. Chauthi filed certified copy of the plaint of O.S. No. 163 of 1974, Chauthi Vs. Suryamani and another and examined himself as the witness. The Consolidation Officer, by his order dated 28.08.1976 held that the petitioners had filed original gift deed, execution of the gift deed by Chandi in favour of Suryamani and Ram Dhani was proved by the marginal witnesses of the gift deed. Execution of the gift deed was also admitted by Smt. Dukhani in her written statement filed in Suit No. 285 under Section 229-B of U.P. Act No. 1 of 1951. From the irrigation slip possession of Suryamani and Ram Dhani over the land in dispute was proved. On these findings the objection has been allowed and name of Smt. Dukhani was directed to be deleted and the names of the petitioners were directed to recorded over the land in dispute.;