Krishna Murari, J. - (1.) Heard Sri Satya Prakash appearing for the petitioners. Though the case has been taken up in revised list no one appeared on behalf of respondents.
(2.) The dispute relates to Khata No. 405 which was entered in the basic year in the name of the petitioners. The opposite party No. 4 filed an objection under section 9-A(2) of the U.P. Consolidation of Holdings Act (for short the Act) claiming cotenancy in the land in dispute on the ground that his grand father Ram Lal was co-tenant of the said Khata and was recorded in 1366 Fasli. After his death the petitioners got their names mutated in the records, instead of Rustam, the father of the petitioners though he being the sole heir of deceased Rustam was entitled to be mutated over the Khata in dispute. The objection was contested by the petitioners on the ground that Rustam died issue-less and the opposite party was the son of one Rustam resident of village Madhanpura.
(3.) The Consolidation Officer vide order dated 24.5.1973 allowed the objection filed by the respondent No. 4 and held him to be a co-tenant of Khata with l/3rd share. Both the petitioners as well as respondent No. 4 filed an appeal against the aforesaid order of the Consolidation Order. The petitioners filed appeal challenging the finding of the Consolidation Officer declaring respondent No. 4 as co-tenant whereas the opposite party No. 4 filed appeal challenging the said order on the ground that he had half share in the disputed Khata. The Assistant Consolidation Officer dismissed both the appeal by a common judgment dated 16.8.1973. Both the petitioners as well as respondent No. 4 filed revision. The Deputy Director of Consolidation dismissed the revision filed by the petitioners while the other revision filed by respondent No. 4 was allowed. Thus, the Deputy Director of Consolidation confirmed the judgment of Consolidation and Settlement Officer Consolidation declaring respondent No. 4 as co-tenant. He however, determined the share of respondent No. 4 to be 1/2. Feeling aggrieved the petitioners have filed the present writ petition.;