- (1.) Heard Sri Rakesh Kumar Srivastava, for the petitioners and Sri Anil Kumar Yadav, for the contesting respondent-3.
(2.) This writ petition has been filed against the orders of Settlement Officer Consolidation dated 08.12.1980 and Deputy Director of Consolidation dated 15.09.2015, 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 46 [consisting plots 1 (area 2-15-17 bigha), 74 (area 0-5-19 bigha), 75 (area 0-6-13 bigha), 102 (area 1-14-11 bigha), 103 (area 0-15-1 bigha), 164/1 (area 1-9-0 bigha), 164/2 (area 0-2-5 bigha), 238 (area 1-9-4 bigha), 280 (area 1-11-0 bigha) and 295 (area 0-19-0 bigha) (total 10 plots area 11-18-0 bigha] of village Kheria, pargana Fatehpur, district Barabanki, which was recorded in basic consolidation year, in the names of Bajrang (respondent-3), Sanwal Prasad son of Bakhtawar, Brahma and Bisheshwar sons of Laxman, Kidhi son of Sanwal and Badri son of Bisheshwar (now represented by the petitioners). Bajrang alias Siya Ram filed an objection (registered as Case No. 2077 and 2078) under Section 9-A of the Act, for deleting the names of Sanwal Prasad and others (the petitioners) from the land in dispute. Respondent-3 stated that land in dispute was sirdari holding of Kallu son of Gauri Shankar. Kallu adopted him and executed registered adoption deed dated 29.06.1949. After death of Kallu, respondent-3 inherited the land in dispute. However, respondent-3 was minor at the time of death of Kallu. The petitioners got the land in dispute attached in the proceeding under Section 145 Cr.P.C. Due to which a suit under Section 229-B/209 of U.P. Act No. 1 of 1951 was filed by respondent-3 through guardian, in which by committing fraud, the petitioners obtained a compromise decree dated 29.04.1959/27.05.1959. Respondent-3 filed a suit for cancellation of compromise decree dated 29.04.1959/27.05.1959, which was abated under under Section 5 (2) of the Act. The petitioners contested the case and stated that land in dispute was ancestral property from the time of Shobha, common ancestor. After death of Shobha, it was inherited by his sons Raghunath, Laxman, Gauri Shankar and Bakhtawar. Kallu was son of Gauri Shankar as such respondent-3 was co-sharer of 1/4 share in the land in dispute. The case was tried by Consolidation Officer, who by order dated 16.10.1970, held that in the suit under Section 229-B/209 of U.P. Act No. 1 of 1951, a compromise was filed between the parties on 29.4.1959. Respondent-3 was minor as such compromise was signed by Malkhan, his guardian, who had filed the suit and suit was decided in terms of compromise by order dated 27.05.1959. Respondent-3 attained age of majority on 09.02.1963. Suit for cancellation of compromise decree ought to have been filed up to 09.02.1966 but it was filed on 15.07.1966 as such the suit was barred by limitation. Under compromise decree dated 27.05.1959, respondent-3 was given 17/32 share. On these findings, he dismissed objection of respondent-3, holding his 17/32 share.;