Krishna Murari, J. - (1.) Heard Sri D.P. Singh, learned Counsel for the petitioners and Sri Namwar Singh for the contesting respondents.
(2.) The dispute in the present writ petition relates to plots Nos. 154, 160, 169, 170, 172 and 174 area 1.21 acres situate in village Rampur Sakara District Jaunpur. The said plots originally belong to Jairam, Kalu and Ramai. They executed a registered sale deed of the land in dispute in favour of petitioner No. 1 and petitioner No. 2 and one Sumer the father of contesting respondents Nos. 3 and 4 on 28.9.1954. During consolidation Proceedings the respondent No. 3 and 4 filed an objection under section 9 of the Act claiming half share in the land in dispute. The Consolidation Officer vide judgment dated 28.12.1974 allowed the objections and held that the petitioners and respondent Nos. 3 and 4 have 1/4 share each in the land in dispute. The petitioners filed an appeal before the Settlement Officer of Consolidation who by his judgment dated 31.3.1975 partly allowed the same and held that petitioners had 2/3 share jointly in the property and the respondents had 1/3 share, jointly. The revision filed by the respondent Nos. 3 and 4 was allowed by Deputy Director of Consolidation and the order passed by Settlement Officer of Consolidation was set aside and that of the Consolidation Officer was restored.
(3.) It has been urged by the learned Counsel for the petitioners that the property was purchased by the petitioners Nos. 1 and 2 and father of the respondents Nos. 3 and 4 jointly and the sale deed did not specify any share, as such it shall be presumed that all the vendees have equal share. The Consolidation Officer as well as Deputy Director of Consolidation have wrongly allowed the claim of the respondents No. 3 and 4.;