RAMANAND SINGH AND OTHERS Vs. THE DY. DIRECTOR OF CONSOLIDATION, AZAMGARH AND OT
LAWS(ALL)-1993-3-82
HIGH COURT OF ALLAHABAD
Decided on March 15,1993

Ramanand Singh And Others Appellant
VERSUS
The Dy. Director Of Consolidation, Azamgarh And Ot Respondents

JUDGEMENT

S.R. Singh, J. - (1.) Both these writ petitions arise out of proceedings under Section 9-A(2) of the U.P. Consolidation of Holdings Act between the same parties in respect of the land situated in four village, viz. Kota, Sadar Pur, Faddupur and Ramgarh, Pargaua Belabana, Tehsil Lalganj, District Azamgarh. The contesting parties are admittedly descendants of one Ram Jiyawan, who had three sons Jaipal, Gopal and Nepal, Jaipal had a son Chandrika Singh, the petitioner in writ petition No. 6290 of 1978 is the son of Manbodh alias Bodha. Ram Soch was the brother of Chandrika Singh Sadanand was the son of Ram Singh. Sadanand and Ram Soch are dead Rajeswara is the widow of Sadanand. There is none in the branch of Gopal while Nepal the third son of Ram Jiyawan had a son Bhagwan Singh whose son was Jharkhanday Singh Ramanandd Singh, Parmanand Singh, Raj Narayan Singh and Dharmu Singh, the petitioners in writ petition No. 6076 of 1978 are the sons of Jharkhanday Singh. The dispute before the Consolidation Officer was with regard to the shares of the parties in the disputed land comprising several khatas in the villages aforesaid.
(2.) It transpires from the record that same of khatas such as khata Nos. and 86 of village Kota, 6, 8 and 30 of Village Dadarpur, 159 and 255 of Village Faddupur and khatan No. 12 of Ramgarh were recorded jointly in the name of Jharkhandey Singh son of Bhagwin Singh, Chandrika Singh son of Manbodh and Smt. Rajeshwara widow of Sadanand, while some other khatas Nos. 10, 64 and 69 of village Kota, 3 and 27 of village Sadarpur, 14, 15 and 136 of village Faddupur and 5 and 54 of village Ramgarh were exclusively recorded in the name of Chandrika Singh son of Manbodh and Rajeshwara. Khata Nos. 7 and 31 of village Sadarpur were, however, exclusively record in the name of Jharkhandey Singh.
(3.) Jharkhandey Singh, the father of Ramanand Singh and others petitioners in writ petition No. 6076 of 1978 claimed two - thirds share in certain khatas recorded jointly in his name and in the names of Chandrika Singh and Smt. Rajeshwara as also in certain khatas exclusively recorded in the names of Chandrika Singh and Smt. Rajeshwara, while in respect of khatas in which he was exclusively recorded in the name of Chandrika Singh son of Manbodh and Rajeshwar. Khata Nos. 7 and 31 of village Sadarpur were, however, exclusively record in the name of Jharkhandey Singh.;


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