Krishna Murari, J. - (1.) Heard Sri Kunal Ravi Singh holding brief of Sri V.K.S.Chaudhary, learned Senior Counsel appearing for the petitioner.
(2.) In spite of service of notice no one has put in appearance on behalf of contesting respondent no.3.
(3.) The dispute relates to plot no. 1869 of khata no. 211 which was recorded in the name of Ramchandra father of respondent no.3 and various other persons. One Bhagwan Sahai and Shivnarain obtained a money decree against Ramchandra and other tenure-holders. In execution of the said decree an area of .21 acre of the plot in dispute was purchased by the petitioner on 19.10.1964. The said sale was subsequently confirmed and possession was also delivered to the petitioner under the orders of the civil court executing the decree. A suit for partition among the co-tenure holders was also pending. Since the total area of the holding was less than 3.18 acres as such under the provision of the U.P.Z.A & L.R Act instead of dividing the holding the court directed sale thereof. Ramchandra father of respondent no.3 being the smallest tenure-holder having a preferential right purchased the holding in the year 1966. During consolidation proceedings an objection was filed by the petitioner alleging that an area .21 acre of the plot in dispute was purchased by him in court auction in execution of a money decree and thus his name should be recorded over the said area of the plot. One Subhash Chandra also filed an objection alleging that he was daughter's son of Mathura Prasad and thus entitled to his 1/4th share in the holding and should be recorded as co-tenure holder. Ramchandra contested the proceedings on the ground that the plot in dispute came to his share exclusively in proceedings under Section 176 of U.P.Z.A. & L.R. Act.;