Ram Surat Ram (Maurya), J. - (1.) HEARD Sri A.S. Chaudhary, for the petitioner and Smt. Mithilesh Singh and Sri P.N. Mishra, for the contesting respondents.
(2.) THIS writ petition has been filed against the order of Deputy Director of Consolidation dated 11.11.2008, passed in revision arising out of proceeding under Section 12 of U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). The dispute between the parties relates to chak 333 (area 3 -6 -12 bigha) and 1/3 share in chak 335 (area 6 -19 -15 bigha) of village Bethar, pargana Harha, district Unnao, belonging to Smt. Tulsa widow of Ram Autar. The village Bethar was placed under consolidation operation by notification under Section 4 of the Act on 08.08.1981. Shiv Bihari Tiwari (respondent -2), Ram Bihari Tiwari (father of the petitioners) and Ram Autar Tiwari (husband of Smt. Tulsa) were real brother and earlier co -sharers. During consolidation, their joint holdings were partitioned and separate chaks were carved out in their names. Chak -333 was carved out in the name of Smt. Tulsa of the land of her share. Plot 1479 (area 6 -19 -15 bigha) was their joint grove. During consolidation, it was left as chak out. It remained jointly recorded in their names. In CH Form -23, chak number 335 was allotted to this grove.
(3.) AFTER finalization of chak allotment proceeding, Smt. Tulsa executed a registered sale deed dated 21.06.1997, transferring her chak -333 and her 1/3 share in chak 335 to the petitioners. The petitioners filed an objection (registered as Case No. 442) under Section 12 of the Act, for mutation of their names over the land in dispute on the basis of the sale deed dated 21.06.1997. The matter was compromised between the parties before Assistant Consolidation Officer, who by order dated 30.08.1997, directed for recording the names of petitioners over the land in dispute on the basis of the sale deed. Amaldaramad of the order was made in CH Form -23 of the aforesaid chaks on 01.09.1997. The petitioners claim that they were in possession of the land in dispute from the date of sale deed. Consolidation proceedings were finalized in the village and notification under Section 52 of the Act, took place on 31.03.2005. Smt. Tulsa died on 07.06.2007. During her life time she never disputed title and possession of the petitioners over the land in dispute.;