Anjani Kumar Mishra, J. - (1.) HEARD the learned Counsel for the parties. This writ petition arises out of an objection under section 9 -A(2) filed by the respondent No. 3. The dispute pertains to plots of khata No. 6 of Village Jaddu Pipra, Post Officer, Juddu Pipra, Pargana Haveli, Tappa Katahara, Tehsil Maharajganj, District Gorakhpur. The plots in question were recorded in the name of Badri in the basic year. In the objection, the contesting respondent claimed co -tenancy to the extent of one half in the disputed khata. The following pedigree is extracted herein below: - -
(2.) IT was alleged that the objector, Kailashi is the daughter of Rajman, who died when she was only two and a half years old. Her uncle and aunt got their name recorded over the entire khata and subsequently Mst. Tuara, the widow of Lakhan, executed its sale -deed in favour of the petitioner Badri on 9.7.1963. It was alleged that the sale -deed was beyond the share of Mst. Tuara in the khata in question. The Consolidation Officer by his order dated 23.5.1976 rejected the objection on the finding that the respondent No. 3, Smt. Kailashi was daughter of Rajman of another village. This finding was returned on the basis of Pariwar Register extracts brought on record.
(3.) THE Settlement Officer, Consolidation by his order dated 9.1.1978 allowed the appeal filed by the respondent No. 3 relying upon the statement of Ram Bilas son of Badri -petitioner, it was further recorded that Badri deposed before the Court but at the time of cross -examination, he absented himself and thereafter the statement of his son Ram Bilas was recorded wherein he admitted that Kailashi was the daughter of Rajman.;