Krishna Murari, J. - (1.) This petition under Article 226 of the Constitution of India is directed against the order of the Consolidation Officer and Deputy Director of Consolidation, Varanasi.
(2.) The dispute relates to khata No. 24 situate in village Ben, Pargana Kera Magraur, District Varanasi. During consolidation operation the petitioner filed an objection under section 9 of U.P. Consolidation of Holdings Act (for short 'the Act') claiming co-tenancy to the sextant of 1/2 share on the ground that khata was ancestral and her father and respondent No. 3 are real brothers. After death of her father Rozan she was entitled to his 1/2 share. Following pedigree was set up by the petitioner:
(3.) Respondent No. 3 contested the claim of the petitioner denying her to be the daughter of Rozan. It was further pleaded that Rozan died after enforcement of Zamindari Abolition Act and as such his share would be inherited by Ghazi being a preferential heir as a brother. The Consolidation Officer vide order dated 28.9.1971 dismissed the objection of the petitioner, against which an appeal was filed which was allowed by the Settlement Officer, Consolidation by order dated 23.10.1972. Feeling aggrieved respondent No. 3 filed a revision. The Deputy Director of Consolidation vide impugned order dated 13.5.1974 allowed the same.;