MAN MOHAN Vs. D D C ALLAHABAD
LAWS(ALL)-1995-8-153
HIGH COURT OF ALLAHABAD
Decided on August 04,1995

MAN MOHAN Appellant
VERSUS
D D C ALLAHABAD Respondents

JUDGEMENT

- (1.) G. S. N. Tripati, j. This is a petition under Article 226 of the Con stitution praying for a writ in the nature of certiorari quashing the orders Annexures 2 and 3 passed by respondents No. 1 and 2 respectively.
(2.) THERE is an pedigree given in the judgment of the learned Dy. Direc tor of Consolidation at page ft, which is as under; Kalika Sheetal Gopali Chhedi Shanker Ram Autar Natthu R. 4 Sukhdeo Behari Ramdeo Sheo Ratan Manmohan _____________________ Petitioner Ram Kripal Rameshwar Mst. Gujratia. Ram Vishal Tribhuwan R. 3. with a further addition that Tribhuwan is the daughter's son of Smt. Gujratia, Man Mohan is the petitioner. He represents the line of Chhedi. Natthu, respondent No. 4 is representing the line of Kalika and Tribhuwan, respondent No, 3 is representing the line of Shankar. After a battle for more than 2 decades, this point stands settled that Tribhuwan is the daughter's son of Smt. Gujratia and represents and interest of Gujratia, which she inherited from her husoand Ram Kripal. The land in dispute consists of three Khatas. Khata No. 12 includes plots No. 19,165,167,95,175,181 and 187. Khata No. 47 consists of plot Nos. 58 and 63 and Khata No. 70 consists of plot Nos. 59 and 64. In Khata No. 12, in the basic year, respondent No. 3 and 4 were recorded. Over Khata No. 70, the name of Tribhuwan alone was recorded in the basic year In Khata No. 47. The petitioner and respondents 3 and 4 were recorded in the basic year. Man Mohan started with the claim that Tribhuwan was a foreign to this family and consequently he had no interest in the disputed property. The property being ancestral belongs to Natthu and Man Mohan alone to the ex tent of 1/2 share each. The learned Consolidation Officer upheld the claim of Man Mohan. But learned Settlement Officer Consolidation and learned Dy. Director of Consolidation found that Tribhuwan is the daughter's son of Smt. Gujratia. This finding has not been challenged before me now. To be fair to the learned counsel for the petitioner, he has conceded this point that Trib-huwan is the sole representative of the line of Shanker, being the daughter's son of Smt. Gujratia.
(3.) THE learned Settlement Officer Consolidation and learned Dy. Director of Consolidation have accepted that majority of the plots came down from the day of Gopali, the common ancestor of the parties. However, their shape and continuity partially broke down some time in the year 1320 Fasli. THErefore, they came to a conclusion that the entries in the basic year were correct. THE claims of the parties were upheld in accordance with the entries in the basic year. The petitioner has felt aggrieved and has challenged these findings before this Court.;


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