Sanjay Misra, J. - (1.) THIS writ petition arises out of proceedings under Section 9A(2) of the U.P. Consolidation of Holdings Act. It is directed against the order dated 14.11.1972 passed in Case No. 5526. Ram Murat v. Ram Briksha, by the Consolidation Officer the order dated 4.3.1974 passed in Appeal No. 233 Ram Briksha v. Ram Murat, by the Assistant Settlement Officer Consolidation as also against the revisional order dated 20.3.1976 passed in Revision No. 3155 Ram Briksha v. Ram Murat, by the Deputy Director of Consolidation, Varanasi. During the pendency of this writ petition the petitioner Ram Briksha died and he was substituted by his heirs and legal representatives and respondent No. 4, Ram Murat also died and he was also substituted by his heirs and legal representatives.
(2.) THE dispute in this writ petition relates to plot No. 663, area 6 vishwa and 10 dhoor situated in Village Bhaskarpur, pargana Kera Mangraur, tehsil Chakiya, District Varanasi. The Consolidation Officer considered the case of Ram Murat (respondent No. 4) who had objected during survey upon which report was submitted and the Consolidation Officer registered it as an objection under Section 9A(2) of the Act to the effect that his name was entered in the basic year in Column -I and he had matured sirdari rights. The petitioner, Ram Briksha disputed the claim of Ram Murat whereupon the Consolidation Officer framed an issue for decision. The issue was "whether Ram Murat is sirdar in possession of Gata No. 663 area 6 vishwa 10 dhoor". On the said issue the parties led their documentary and oral evidence.
(3.) THE Consolidation Officer considered the oral evidence of Ram Murat who stated that he has been in recorded possession since the time of his ancestors who had effected a partition, Ram Briksha also gave his oral statement that he is in possession of the land in question and Ram Murat belongs to his extended family.;