Ram Surat Ram, J. - (1.) HEARD Sri S.K. Mehrotra assisted by Sri I.D. Shukla, for the petitioners and Sri R.R. Upadhyay, and Sri P.K. Singh Vats, for respondents -2 to 5. The writ petition has been filed against the order of Deputy Director of Consolidation (respondent -1) dated 16.6.2014, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) THE dispute relates to the land of basic consolidation year khata 11 of village Gangasagar, tahsil Alapur, district Ambedkarnagar, which was recorded in the names of Manbahal (father of respondents -2 to 5) and Ramapati and Jagannath sons of Ram Bharose, in basic consolidation record. Admittedly Dwarika (father of the petitioners) executed a sale -deed dated 4.7.1958 of his 1/5th share in the land in dispute in favour of Ramapati and Jagannath sons of Ram Bharose and there is no dispute between the parties in respect of title and 1/5th share of Ramapati and Jagannath, in the khata in dispute. Dwarika (father of the petitioners) filed an objection under section 9 of the Act, claiming his 1/2 share in the khata in dispute. Dwarika stated that the land in dispute was the property of Thakurdeen, who had mortgaged it during his life time but could not get it redeemed. After death of Thakurdeen, land in dispute was redeemed by Dwarika alone. Thakurdeen had five sons namely Dwarika, Manbahal, Badri, Ram Swaroop and Bhullan. Badri, Ram Swaroop and Bhullan, who were issueless, executed a will in the year 1924 in favour Dwarika and Manbahal. After their death, their share was devolved upon Dwarika and Manbahal as such he had 1/2 share in the land in dispute. Manbahal contested the objection of Dwarika and denied the story of mortgage of the land in dispute by Thakurdeen and its redemption by Dwarika as well as execution of Will by Badri, Ram Swaroop and Bhullan. He stated Thakurdeen was inherited by his five sons aforesaid. After death of Badri, his share was inherited by his widow Smt. Raghubanshi and after death of Bhullan, his share was inherited by his widow Smt. Bhona, Smt. Raghubanshi, Smt. Bhona and Ram Swaroop executed two registered gift deeds dated 23.3.1960, in respect of their share in the khata in dispute in his favour and such his share in khata in dispute had become 4/5th while 1/5th share of Dwarika was sold by him to Ramapati and Jagannath sons of Ram Bharose, whose names were mutated and name of Dwarika was deleted from the land in dispute in the revenue records. Dwarika had no interest in the land in dispute. On the basis of the gift deeds dated 23.3.1960, Manbahal filed applications for mutation of his name over the land in dispute and for deleting the names of Smt. Raghubanshi, Smt. Bhona and Ram Swaroop. During pendency of these applications Smt. Bhona and Ram Swaroop died. Dwarika in collusion of revenue authorities got his name mutated as an heir of Smt. Bhona and Ram Swaroop on the basis of PA -11. Then he filed a suit under section 229 -B of U.P. Act No. 1 of 1951, on the basis of registered gift deeds dated 23.3.1960, which was decreed by an ex parte order dated 30.3.1967. On the basis of aforesaid decree, names of Smt. Raghubanshi, Smt. Bhona and Ram Swaroop as well as Dwarika were deleted from the land in dispute. Gift deeds dated 23.3.1960 were well within knowledge of Dwarika from very beginning but no objection was ever raised by him, except in consolidation. The objection was tried by Consolidation Officer, who by order dated 28.12.1974 allowed the objection of Dwarika and held his share as 3/10th in the khata in dispute. Manbahal filed an appeal from the order of Consolidation Officer dated 28.12.1974, which was allowed by Settlement Officer Consolidation by order dated 13.10.1975 and order of Consolidation Officer was set aside and matter was remanded to Consolidation Officer for fresh decision after giving opportunity of evidence/hearing to the parties.
(3.) AFTER remand, Manbahal filed gift deeds dated 23.3.1960 and judgment of Sub -Divisional Officer dated 30.3.1967 on 15.1.1980 before Consolidation Officer and examined himself. Consolidation Officer after hearing arguments of the parties, by order dated 25.8.1989, held that Thakurdeen was inherited by his five sons namely Dwarika, Manbahal, Badri, Ram Swaroop and Bhullan. After death of Badri, his share was inherited by his widow Smt. Raghubanshi and after death of Bhullan, his share was inherited by his widow Smt. Bhona. Smt. Raghubanshi, Smt. Bhona and Ram Swaroop executed a registered gift deeds dated 23.3.1960, in respect of their share in favour Manbahal as such his share in khata in dispute was 4/5th while 1/5th share of Dwarika was sold by him to Ramapati and Jagannath sons of Ram Bharose, whose names were mutated over the land in dispute. Dwarika left with no interest in the land in dispute. On these findings, objection of Dwarika was dismissed.;