- (1.) Heard Sri Sharad Dwivedi, holding brief of Sri Durga Prasad Dwivedi, for the petitioner and Sri Ashwini Ojha, for the contesting respondents.
(2.) This writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 09.01.1974 and Deputy Director of Consolidation dated 21.04.1980, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties relates to khata 47 (consisting plots 398/1, 398/2, 400/3 and 400) of village Saraiya Pure Saun and khata-104 (consisting plot 65/2) of village Lakhanpur, pargana Mirzapur, district Sultanpur. The name of Ram Pal (the petitioner) was recorded as sirdar, in basic consolidation year, over khatas in dispute. In khata 47 some plots were coming in the name of the petitioner since before the date of vesting while plots 400/3 was recorded in column-IV (asami) since 1373 F. Mohan Das (respondent-3) filed an objection (registered as Case No. 2130) under Section 9-A of the Act, claiming co-tenancy of 1/2 share in the land in dispute. It has been stated by respondent-3 that he and the petitioner were brothers and formed joint Hindu family. The land in dispute was acquired from joint family fund. However, the name of the petitioner was recorded in representative capacity although it was joint family property, in which he had 1/2 share. The petitioner contested the case and stated that the petitioner was born from another mother and after death of his mother, his father remarried to another lady from which Mohan Das was born. After attaining the majority, the petitioner was separated from his father. Land in dispute were obtained by him after separation, through patta dated 11.06.1944 and 23.07.1949. It was his self acquired property, in which respondent-3 had no share.;