- (1.) Heard Sri P. N. Singh, counsel for the petitioners and Sri Onkar Singh and Sri Prabhakar Chandel, for respondent-4.
(2.) The writ petition has been filed against the orders of Consolidation Officer (respondent-3) dated 15.07.1982, Settlement Officer Consolidation (respondent-2) dated 08.07.1997 and Deputy Director of Consolidation (respondent-1) dated 09.04.2009, 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 recorded in basic consolidation year of khata 410 [consisting plots 897 (area 4-5-0 bigha) and 2387 (area 3-1-0 bigha)] of village Lodhwara, tahsil Karvi, district Chitrakoot, in the name of Moti Lal (now represented by the petitioners). Ram Bahori (respondent-2) filed an objection (registered as Case No. 6503) under Section 9-A (2) of the Act, claiming to be co-tenure holder of 1/2 share in the land in dispute. The case was tried by Consolidation Officer (respondent-3). Apart from documentary evidence, Ram Bahori was examined as PW-1 and Moti Lal was examined as DW-1. The Consolidation Officer after, hearing the parties held that the land in dispute was ancestral property coming from the time of common ancestor Sarju Prasad, who was inherited by his three sons Bachchi Lal, Moti Lal and Ram Chandra. As it is admitted to Moti Lal that Bachchi Lal died unmarried during the life time of Ram Chandra as such his share was inherited by his two brothers Moti Lal and Ram Chandra. On these findings, Consolidation Officer, by order dated 15.07.1982, directed for recording the name of Ram Bahori, in the khata in dispute, holding his 1/2 share in it.;