- (1.) HEARD Sri Mohd. Khalil, for the petitioners and Sri K.R. Sirohi, Senior Advocate, assisted by Sri Yogesh Kumar Singh, for the respondents.
(2.) THE writ petition has been filed against the orders of Consolidation Officer dated 25.03.2011 and 19.10.2012, Settlement Officer Consolidation dated 17.06.2013 and Deputy Director of Consolidation dated 21.11.2013, arising out of title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act'). The dispute relates to the land recorded in khata 815 of village Sambhal Heda, tahsil Jansath, district Muzaffar Nagar. In basic consolidation year, land in dispute was recorded in the name of Saina son of Sarfaraz. Taj Mohammad and Chand Mohammad (respondents -4 and 5) (hereinafter referred to as the respondents) filed an objection (registered as Case No. 1144) under Section 9 -A of the Act, for recording their names over the land in dispute as the heirs of Saina. It has been stated by the respondents that Saina had two sons Kala and Ramzani. Kala died issueless during life time of Saina. Ramzani also died during life time of Saina on 12.05.1998, leaving behind him the respondents as his sons. Saina died on 20.12.2000 and was inherited by the respondents. Before the Consolidation Officer, the petitioners examined Shakir Ali, Ex -Pradhan and Smt. Pako, then Pradhan of the village Sambhal Heda and Taj Mohammad. The Consolidation Officer by his order dated 25.03.2011 directed for recording the names of the respondents as the heirs of Saina.
(3.) THE petitioners and one Jainendra Kanedi filed two separate recall applications for recalling the order dated 25.03.2011. Both the applications were consolidated and heard by Consolidation Officer, who by order dated 19.10.2012 rejected the recall applications. The petitioners filed two appeals (registered as Appeal Nos. 246 and 247) from the aforesaid orders. The petitioners took the case that Sarfaraz had three sons namely Saina, Khairati and Yaseen. The petitioners were the descendents of Khairati. The respondents were the grand son of Yaseen. Saina died issueless. As such the petitioners being preferential heirs of Saina inherited the land in dispute. Before the appellate Court, additional evidence were adduced by the parties. The appeals were consolidated and heard by Settlement Officer Consolidation, who by order dated 17.06.2013 held that the properties which were recorded in the name of Sarfaraz in 1295 F came to be recorded in the names of Khairati and Yaseen sons of Sarfaraz in 1326 F in village Chudiyal. Same entry continued in 1356 F and 1359 F. which proved that Sarfaraz had two sons and not three sons. In village Sambhal Heda name of Saina son of Sarfaraz was recorded in 1356F over khatas 28, 29 and 72. Same entry continued in 1360 F and also in last consolidation. Irrigation slips filed by the respondents shows that it were in the name of Kala son of Saina and some of them were in the names of Kala and Ramjani sons of Saina. In the death certificate of Ramjani also his father name has been mentioned as Saina, which shows that Kala and Ramjani were sons of Saina which has also been proved by independent witnesses of the village and the case of the petitioners that Saina died issueless was not proved. From the aforesaid evidence it is proved that name of second son of Sarfaraz was recorded as Saina in village Sabhal Heda while it was recorded as Yaseen in village Chuliyal. On these findings it was held that the respondents were grand sons of Saina and inherited the land in dispute. The appeals were dismissed by the order dated 17.06.2013.;