- (1.) Heard Sri Rajesh Kumar and Sri Vivekanand Rai, for the petitioners and Sri Kunal Ravi Singh, for the contesting respondent-4.
(2.) This writ petition has been filed against the orders of Settlement Officer Consolidation dated 05.10.2002 and Deputy Director of Consolidation dated 15.06.2004, passed in the proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the "Act").
(3.) The dispute relates to land of chak 149 (consisting plots 154, 157, 158 and 177) of village Salarpur, pargana Shivpur, district Varanasi. During consolidation, chak 149 was carved out in the name Shieo Das, who inherited it, from his mother Smt. Naujaddi wife of Mohan. Smt. Naujaddi inherited it, from her father Luttur son of Sheo Ambar. Lal Chandra (respondent-4) filed an objection (registered as Case No. 306) under Section 12 of the Act, for recording his name over the land in dispute, on the basis of sale deed dated 19.05.1981, executed by Civil Judge, Varanasi, in execution of the decree for specific performance of contract dated 01.10.1975 passed in O.S. No. 176 of 1976. It has been stated by Lal Chandra that Smt. Naujaddi inherited the land in dispute from her father Luttur. Smt. Naujaddi took money from him time to time since 1970. She executed a registered agreement to sell dated 01.10.1975 of the land in dispute to Lal Chandra for total Rs. 5000/- out of which Rs. 4000/- was paid up to the date of agreement, which was acknowledged in it. Possession over the land in dispute was also given in lieu of part performance of the contract. Sheo Das son of Naujaddi also took Rs. 800/- on 15.10.1975 and executed a receipt in which he acknowledged payment of Rs. 4000/- and execution of agreement to sell dated 01.10.1975 by Naujaddi. However Naujaddi died in the meantime and was inherited by Sheo Das, who has refused to execute the sale deed. The suit was contested by Sheo Das. Civil Judge, Varanasi by judgment dated 22.08.1979 decreed the suit. Sheo Das did not comply with the decree. Then Lal Chandra filed Execution Case No. 5 of 1980, in which Civil Judge Varanasi executed a sale deed dated 19.05.1981 of the land in dispute in his favour.;