S.R.Singh - (1.) THESE two writ petitions are connected petitions and have been filed impugning the one and the same order dated 17-8-1977 passed by the Deputy Director of Consolidation Azamgarh in certain connected revisions preferred against the judgment and order dated 11-9-1972 passed by the Asstt. Settlement Officer, Consolidation Azamgarh in respect of the land comprising basic Khatauni Khata no. 82 and 142 of village Pakardinna pergana Atraulia Tahsil Phulpur District Azamgarh. The questions of law and fact involved in these pensions being identical, they are being disposed of by a common order for which the learned counsel for the parties are agreeable.
(2.) MATRIX of the facts is that Bans Bahadur Singh Petitioner in writ petition No. 1001 of 1977, was recorded as exclusive tenure holder of the land comprising Basic Khata No. 82, while the khata No. 142 stood recorded in the names of Bans Bahadur Singh and Smt. Utraji and Smt. Talukraji arrayed as party respondents 2 and 3 in the writ petition filed by Bans Bahadur Singh and another. On publication of statement of principle, an objection was filed by Bans Bahadur Singh accompanied by a prayer to expunge the names of Smt. Utraji and Talukrajl from Khata no. 142. Smt Utraji and Talukraji also filed their respective objections claiming themselves to be the co- tenure holders in Khata No. 82 and contesting at the same time the objections filed by Bans Bahadur Singh who claimed exclusive right in Khata no. 142 The Consolidation Officer allowed objections preferred by Bans Bahadur Singh and rejected the one filed on behalf of Smt Utraji and Smt Talukraji. Aggrieved by the aforesaid order of the Consolidation officer, Smt. Utraji and Smt. Talukraji went up in appeal which they filed separately. The appeals preferred by Smt. Utraji and Smt. Talukraji ended up in dismissal by means of the judgment and order dated 11-9-1972 passed by Asstt. Settlement Officer. Consolidation. On the appeals being dismissed, Smt. Utraji and Talukraji preferred revisions under section 48 of the U. P. Consolidation of Holdings Act. The Deputy Director of Consolidation allowed the revisions and held Bans Bahadur Singh as exclusive tenure holder in respect of plots 896/1, area 218 kari, 345, area 138 Karl. 120g/2, area 140 Kari 231 area 103 Kari and 2318, area 83 Kari. The name of Bans Bahadur Singh was expunged from the remaining plots in dispute and Smt. Talukraji was held to have 1/4th share while Mst. Utraji, Vedhnath and indra Dei together were give 3/4th share therein. The present writ petitions are directed against the aforesaid orders. The writ petition filed by Talukraji pertains to five plots which have been exclusively given to Bans Bahadur Singh while the writ petition filed by Bans Bahadur Singh is in respect of all the plots of the two Khatas in dispute excepting the five plots of which he has been declared by the Deputy Director of Consolidation as the exclusive tenure holder. Admittedly, the land in dispute was the acquisition of Jas Karan Singh and Raja Ram Singh, sons of Lalla Singh. The family tree showing the relationship between Bans Bahadur on one hand and Smt. Utraji and Talukraji on the other, is set out as below in so far as it is necessary for the purposes of unfolding the controversy involved in the case Sumeran Singh ............. Lalla Singh Philla Singh Baljit Singh Daljit Singh --------------------- Bedhan Singh Raja Ram Jaskaran Bhagwan Dei Ram Garib Singh Singh Singh (daughter) (son) (son) Bans Bahadur Singh Talukraji Utrajl (daughter) (daughter)
(3.) IT is worthwhile to mention that there was no controversy about correctness of the aforesaid family pedigree with the exception that Bhagwan Devi was the sister of Raja Ram Singh and Jas Haran Singh and also that Ram Garib Singh was the son of Bandhan Singh. Admittedly, the property in dispute was the joint acquisition of Raja Ram and Jas Karan, sons of Baljit Singh. Jas Karan Singh breathed his last in the year 1939, while Raja Ram died in the year 1943. The case set up by Bans Bahadur Singh was that Bhagwan Dei was the sister of Bandhan Singh and that Jas Karan Singh pre-deceased Raja Ram Singh in a state of jointness and therefore, the Interest of Jas Karan Singh devolved upon Raja Ram Singh and after the death of Raja Rara Singh, Ram Gharib Singh inherited the property being the proximate heir of Raja Ram Singh, according to the personal law. On the other hand, the case unfolded by Taluk Raji was that she alongwith her sister Utrajl inherited the share of their father Jas Karan Singh, who had parted with his brother Raja Ram Singh before his death and further that Bhagwan Dei was the sister of Raja Ram Singh and Jas Karan Singh and therefore, the interest of Raja Ram Singh devolved upon Bhagwan Dei who died in the year 1957 and after her death, her interest in the holding devolved upon the daughters of Jas Karan Singh by survivorship under section 175 of the U. P. Zamindari Abolition and Land Reforms Act, 1950. Smt. Talukraji and Smt. Utraji also claimed the share of Raja Ram Singh on the basis of a will executed by Raja Ram Singh, Sri V. C. Misra, learned counsel appearing for Bans Bahadur Singh raised the same very controversy which was agitated before the Consolidation authorities.;