Krishna Murari, J. - (1.) By means of this writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the order dated 4.10.1983 passed by the Deputy Director of Consolidation exercising revisional powers under section 48 of the U.P. Consolidation of Holdings Act (for short 'the Act').
(2.) The disputes relates to khata No. 73 of village Pakri, khata Nos. 163, 164 and 320 of village Singhpur and khata Nos. 131 and 253 of village Dubauli district Gorukhpur. 'The parties to the dispute are related to each other by following pedigree : ...[VERNACULAR TEXT OMITTED]...
(3.) On the death of Smt. Lekhraji in 1976 a dispute arose between the parties regarding inheritance of her share. The petitioner filed objection under section 9 of the Act claiming rights by survivorship under section 175 of the U.P.Z.A. and L.R. Act being a co-tenure holder. Another objection was filed by respondent No. 2 alleging that he was son of Kamta daughter of Smt. Lekhraji. He also based his claim on the basis of a Will dated 12.9.1949 alleged to have been executed by Smt. Lekhraji in his favour. Yet another basis of his claim was an alleged agreement dated 11.3.1950 between the petitioner and father of respondent No. 2 under which the petitioner gave up his claim in favour of respondent No. 2.;