Ram Surat Ram, J. - (1.) HEARD Sri N.C. Rajvanshi, Senior Advocate, assisted by Sri Prakash Chandra Yadav, for the petitioners and Sri S.K. Tyagi, for respondents -4 to 7. The writ petition has been filed against the orders of Consolidation Officer dated 15.1.2001, Settlement Officer Consolidation dated 25.8.2003 and Deputy Director of Consolidation dated 24.11.2014 as corrected on 29.12.2014, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(2.) IN basic consolidation year, khatas 146, 148, 160, 165, 315, 316, 317, 532, 533, 576, 577 and 586 of village Kharkhaunda, pargana Sarava, district Meerut were recorded in the names of various persons of the pedigree given in paragraph -4 of the writ petition. The parties entered into compromise before Assistant Consolidation Officer and partitioned their share in aforesaid khatas by order dated 24.12.1974, according to the pedigree. At present dispute is confined to khatas 146 (plot 3161) and 148 (plot 2811). In basic consolidation year khata 146 was recorded in the name of Tekchand son of Narain and 148 was recorded in the names of Tekchand son of Narain and Smt. Gomti widow of Chhuttan Singh. Smt. Gomti and Tekchand challenged the order of Assistant Consolidation Officer dated 24.12.1974, in Appeal No. 167, so far as, it was in respect of plots 2811 and 3161, on the ground that these two plots were their self acquired property and other members of the family had no share in it. However, under misrepresentation, these two plots were also included in compromise and order of Assistant Consolidation Officer dated 14.12.1974, giving share to other members of the family in these two plots, has passed on misrepresentation. Ram Kishor of the branch of Puswa also filed an appeal from the order of Assistant Consolidation Officer dated 24.12.1974. Both the appeals were consolidated and decided by common order dated 29.7.1981 and the order of Assistant Consolidation Officer dated 14.12.1974 was set aside and the matter was remanded to Consolidation Officer to decide the case on merit after hearing the parties. It may be mentioned that in the meantime two sale -deeds dated 27.12.1975 and 29.12.1975 were also executed by Ram Nath and Khachedu (of the branch of Puswa) in favour of Smt. Kusum Jain. She also filed application under section 12 of the Act, for mutation of her name, which was allowed by Consolidation Officer by order dated 24.9.1977. Settlement Officer Consolidation, by order dated 10.9.1979 dismissed the appeal against the aforesaid order. Revision No. 860 filed against the aforesaid order was allowed by Deputy Director of Consolidation by order dated 14.12.1982, and the matter was remanded to Consolidation Officer to decide afresh along with title matter. After remand, the cases were consolidated and tried by Consolidation Officer. Apart from documentary evidence, oral statement of the witnesses Shyam Singh, Ram Nath, Udai Raj, Mool Raj, Ved Prakash and Satya Prakash were recorded. Consolidation Officer, by order dated 27.1.1992, held that land of khata 146 was exclusive property of Tekchand and khata 148 was joint property of Tekchand and Smt. Gomti alone. In remaining khatas share of all the three branches were given according to the pedigree.
(3.) KALU Ram and others filed an appeal (registered as Appeal No. 115) and Smt. Kusum Jain (transferee pendente lite) filed an appeal (registered as Appeal No. 112) from the aforesaid order. Both the appeals were consolidated and heard together. Settlement Officer Consolidation, by order dated 11.6.1997 held that Consolidation Officer has not considered the case of Smt. Kusum Jain. On this findings the appeals were allowed and the matter was remanded to Consolidation Officer for fresh decision. After remand, Consolidation Officer again by his order dated 15.1.2001, held that plots 2811 and 3161 were self -acquired property of Tekchand and Smt. Gomti and other members of the family had no share in it. Remaining khatas were divided in members of family according to the pedigree. It has been further held that land in dispute were sirdari holding as such sale -deeds in favour of Smt. Kusum Jain were void. On these findings, mutation application of Smt. Kusum Jain was dismissed. It was held that land of khata 146 was exclusive property of Tekchand and khata 148 was joint property of Tekchand and Smt. Gomti. In remaining khata share of all the three branches were given share according to the pedigree.;