ANJANI KUMAR MISHRA, J. - (1.) HEARD learned counsel for the parties and perused the record.
(2.) THE writ petition arises out of an objection under section 9A(2) of the U.P. Consolidation of Holdings Act (for short, the Act) filed by the contesting respondent nos. 3 to 5, claiming co -tenancy to the extent of half share in khata nos. 21 and 138, of village Chandan, pargana and tehsil Mahoba, district Hamirpur, which was recorded in the name of the petitioner in the basic year record.
(3.) THE objection was filed by the contesting respondents on the ground that the land in dispute was ancestral property wherein they had half share. The Consolidation Officer (for short, the CO) by his order dated 31.10.1980 rejected the objection. The Settlement Officer, Consolidation (for short, the SOC) affirmed this order and dismissed the appeal by his order dated 24.2.1981. While dismissing the appeal, the SOC recorded that Dillipath, father of the petitioner, had admitted that the contesting respondents had half share in the disputed property. He, however, dismissed the appeal on the reasoning that a suit for partition had been filed which had been decreed, which decree had become final and, therefore, there was no occasion to grant co -tenancy to the contesting respondents in the khatas in question. The consequential revision filed by the contesting respondents was allowed vide judgement and order dated 17.11.1983 and the contesting respondents were granted half share in the disputed khatas, namely, khata nos. 21 and 138.;