- (1.) Heard Sri S.P. Singh, for the petitioners and Ms. Savita Jain, for the contesting respondents-4 to 6.
(2.) This writ petition has been filed for quashing the orders of Consolidation Officer dated 10.06.1979 and Deputy Director of Consolidation dated 10.12.1980 and for modifying the order of Settlement Officer Consolidation dated 10.03.1980 to the extent that Hausila (petitioner-3) had also share in disputed land according to the pedigree, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) The dispute relates to land of khata 153 of village Ishakpur, pargana Barausa, district Sultanpur, which was recorded in basic consolidation year in the names of Chhote Lal son of Ram Kishor, Ram Jag and Daya Ram sons of Bhagwat (respondents-4 to 6) (hereinafter referred to as the respondents), Ram Naresh son of Devata, Ram Pratap son of Bhawani Bux, Hausila son of Ram Dular (the petitioners) as sirdar. The respondents filed an objection (registered as case No. 3307) under Section 9-A of the Act, for deleting the names of the petitioners from khata in dispute. The respondents took plea that the land in dispute was self acquired tenancy holding of Bhagwat. Other members of the pedigree had no share in it. After date of vesting, Bhagwat became sirdar of it. The petitioners contested the case on the ground that land in dispute was jointly acquired by joint family of two brothers of Devata and Mukhai. According to pedigree Ram Pratap has 1/2 share, Ram Naresh and Hausila together had 1/4 share jointly and the respondents together had 1/4 share jointly.;