Ram Surat Ram (Maurya), J. - (1.) SUPPLEMENTARY -affidavit filed today is taken on record. Heard Sri C.S. Agnihotri and Sri Vishal Mohan Gupta, for the petitioners.
(2.) THE writ petition has been filed against the orders of Settlement Officer Consolidation, dated 6.9.2012 and Deputy Director of Consolidation, dated 16.8.2013, passed in title proceedings under U.P. Consolidation of Holdings Act, 1953, (hereinafter referred to as the 'Act'). The dispute relates to share of the parties in plot 205 (total area 5 -14 -1 bigha), village Yakoobpur, pargana Nababganj, district Bareilly. In basic consolidation year, plot 205 was recorded in three khatas i.e. an area of 0.481 hectare was recorded in khata 50, in the name of Khem Karan son of Pothi, an area of 0.481 hectare was recorded in khata 131, in the names of Budhsen son of Lalaram and Kalyan Rai son of Hemraj and an area of 0.481 hectare was recorded in khata 224, in the names of Habib Ahmad and Rafeeq Ahmad sons of Kallu. Phool Singh (respondent -3) filed an objection for declaring his share along with his brothers Puran Singh, Ram Singh, Prem Singh and Bhagwan Swarup (respondents -4 to 7) and his father Kalyan Rai as 3/16 bigha. Phool Singh stated that plot 205 (total area 5 -14 -1 bigha) originally belonged to Ram Bharose son of Komil, having 1/2 share and Mool Chandra, Budhsen, Inder and Hori Lal sons of Lalaram, having remaining 1/2 share. Ram Bharose executed a sale -deed dated 2.1.1970 in respect of his 1/2 share in favour of Habib Ahmad and Rafeeq Ahmad sons of Kallu, whose names were mutated by the order of Sub -Divisional Officer, dated 18.6.1974. Habib Ahmad sold his share to Kalyan Rai son Hemraj, whose name was mutated by the order of Tahsildar dated 30.3.1988. Rafeeq Ahmad executed a sale -deed dated 9.8.1988 in respect of his 1/4 share in favour of Phool Singh, Puran Singh, Ram Singh, Prem Singh and Bhagwan Swarup sons of Kalyan Rai, whose names were mutated by the order of Tahsildar dated 16.9.1988. In the sale -deed executed by Rafeeq, share of Phool Singh was 3/16 and remaining 1/16 share was of his brothers.
(3.) KHEM Karan contested the aforesaid objection on the ground that in plot 205, Ram Bharose had 1/3 share, Mool Chandra had 1/3 share and Bhudhsen, Inder and Hori Lal jointly had 1/3 share. Mool Chandra executed a sale -deed 18.11.1969 in respect of his 1/3 share in plot 205 to Khem Karan and his name was recorded by the order of Sub -Divisional Officer, which is now recorded in his name in khata 50. Since the date of sale -deed, he had been in possession over 1/3 share of plot No. 205.;