- (1.) HEARD Sri M.A. Khan, learned Senior Advocate, assisted by Sri Mohiuddin Khan, Advocate, for petitioner, learned Standing Counsel for respondents; and, perused the record.
(2.) THIS writ petition is directed against the order dated 20.1.1984 passed by Additional Collector/Deputy Director of Consolidation (Sitapur) (hereinafter referred to as "D.D.C.") whereby allowing the Revision preferred by respondent no. 3 and setting aside the order dated 6.7.1983 passed by Assistant Settlement Officer (Consolidation), Sitapur (hereinafter referred to as "A.S.O.(C.)"), he has maintained the order dated 1.1.1981 passed by Consolidation Officer, Sitapur (hereinafter referred to as "C.O.").
(3.) THE facts in brief giving rise to the present dispute are stated as under. The Notification under Section 9 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "Act, 1953") was published in 1979 in respect to Village Samrawan, Tehsil Biswan, District Sitapur. The dispute in the present writ petition pertains to Arazi No. 242 situate in aforesaid village. After publication of Notification under Section 9 of Act, 1953, respondent no. 3, Smt. Sukh Dei, wife of Munnu, filed an objection under Section 9 -A of Act, 1953 stating that she is daughter of Govind and Ram Deen has got his name recorded illegally, i.e., by misrepresentation claiming that he was son of Govind. Another objection was filed by respondent no. 4, Sri Buddha, son of Paragi, claiming that he has co -tenancy rights in the aforesaid holding since it is ancestral property and he has half share therein. Respondents no. 3 and 4 had a compromise whereafter the C.O. passed order on 1.1.1981 allowing objection of respondents 3 and 4, declaring them co -sharer in the disputed holding to the extent of half each, and also, that the name of Sri Ram Deen was wrongly recorded and was ordered to be expunged.;