Ram Surat Ram (Maurya), J. - (1.) Heard Sri Ramakant Tiwari, for the petitioners and Sri Indra Mani Tripathi, for the contesting respondents -5 to 9 (hereinafter referred to as the respondents). This writ petition has been filed against the order of Deputy Director of Consolidation dated 31.10.2014, allowing the revisions of the respondents and setting aside orders of Consolidation Officer dated 27.12.2010 and 2.1.2013, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(2.) Dispute between the parties is in respect of plots 323 (area 0.142 hectare) and 405 (area 0.898 hectare), which were recorded in basic consolidation year khatas 54 and 65 of village Rattipur, pargana Saremu, district Jaunpur. In basic consolidation year khata 54 was recorded in the names Tilakdhari alias Triloki, Baliraj, Mahabal, Baliram, Vikrama and Karkhali and khata 65 was recorded in the names of Dinesh Chandra, Parmanand, Vipin Kumar, Vivek Kumar. The petitioners filed objections (registered as Case Nos. 1014 to 1018) under Sec. 9 -A of the Act, for recording their names as co -sharers of 1/2 share in the land in dispute. It has been stated by the petitioners that new plot 323 (area 0.142 hectare) was carved out from old plot 473 (area 0.35 acre) and new plot 405 (area 0.898 hectare) was carved out from old plots 483 (area 0.38 acre) and 484 (area 1.84 acre). The land in dispute was joint property of Ram Narain and Shiv Narain sons of Shiv Bachan, having equal share in it -Share of Shiv Narain was inherited by his three grand sons Gaya, Gajadhar and Gopal sons of Shivnandan alias Babban, who executed a sale deed dated 31.7.1951 in favour of Triloki, Sita Ram and Nanhu (now represented by the respondents). Gaya, Gajadhar and Gopal had only 1/2 share as such sale deed dated 31.7.1951 was valid for only 1/2 share in it. The petitioners are descendants of Ram Narain and are owner of remaining 1/2 share. However, without any order of competent authority their names were deleted from the land in dispute.
(3.) Tilakdhari and others (the respondents) contested the objection and filed their written statement raising plea that Gaya, Gajadhar and Gopal were actual owners of plots 473 (area 0.35 acre), 483 (area 0.38 acre) and 484 (area 1.84 acre). They executed a registered mortgage deed dated 17.8.1925 of the land in dispute in favour of Kuber and Ganesh sons of Gurudayal and Sitaram son of Sumer and handed over possession of the land in dispute. They deposited requisite amount of land revenue and obtained bhumidhari certificate and executed a sale deed dated 31.7.1951, in their favour as such they became owner of it. In previous consolidation operation in the village, the petitioners did not file any objection, claiming any right over the land in dispute and chaks were carved out in the names of the respondents. They were through out in possession of the land in dispute from the date of mortgage and right of the petitioners, if any, has barred under Sec. 49 of the Act. Several plea of legal bar of right of the petitioners have also been raised.;