Ram Surat Ram (Maurya), J. - (1.) SUPPLEMENTARY -affidavit filed today is taken on record. Heard Sri Durga Prasad Srivastava for the petitioners and Sri Tripathi B.G. Bhai for the respondents.
(2.) THE writ petition has been filed against the order of Deputy Director of Consolidation dated 31.3.2015 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953. By the impugned order the revision has been dismissed and the order of Settlement Officer, Consolidation was confirmed in which it was held that Someshwar had 1/2 share and sons of Ramai together had 1/2 share in the property in dispute.
(3.) THE pedigree of the parties is given in the judgment of the Deputy Director of Consolidation is admitted to the parties. It has also been admitted to the parties that out of four sons of Sukhraj, Bhagwati died first. Thereafter Baithole died in 1957. Bhagauti was issueless while Baithole had a married daughter at the time of his death. After the death of Baithole Smt. Manraji widow of Sukhraj and Ramai son of Sukhraj filed a suit under section 229 -B of U.P. Act No. 1 of 1951 for declaration that 1/3 share of Baithole was inherited by the plaintiffs. It has been stated in the plaint that the land in dispute was ancestral property and Sumeswar, who was defendant No. 2 was having 1/3 share in it and Baithole and Ramai had 1/3 share each. Baithole died in Chait 1957 and his share was inherited by the plaintiffs. However, Smt. Mohar, daughter of Baithole has illegally got her name mutated over the land in dispute. The suit was decreed ex parte by judgment dated 2.8.1958. The decree has not been challenged by any one and has become final. However, the decree was mutated in khatauni of the year 1366 -1368 fasli and the name of Ramai was directed to be recorded and name of Smt. Mohar was directed to be deleted from the land in dispute. Thereafter the dispute regarding share was raised before the consolidation authorities. The Consolidation Officer by order dated 19.8.2006 held that Sumeswar was having 1/4 share. The remaining 3/4 share belonged to Ramai and after his death was inherited by his sons i.e. petitioners. Sumeswar filed an appeal against the aforesaid order. The petitioners also filed another appeal against the same order. Both the appeals were consolidated and heard by the Settlement Officer, Consolidation who by order dated 26.4.2007 allowed both the appeals and held that the share of Rameswar is 1/2 and share of petitioners is 1/2 together. Plot No. 311 area 0.007 hectare was found to be double and its actual area was directed to be recorded as 1.198 hectare. The petitioners filed a revision against the aforesaid order. The revision was dismissed by the Deputy Director of Consolidation/Chief Revenue Officer by order dated 31.3.2015. Hence this writ petition has been filed.;