BINDRA PRASAD AND ANOTHER Vs. DEPUTY DIRECTOR OF CONSOLIDATION BARABANKI AND OTHERS
LAWS(ALL)-2016-7-335
HIGH COURT OF ALLAHABAD
Decided on July 04,2016

Bindra Prasad And Another Appellant
VERSUS
Deputy Director of Consolidation Barabanki And Others Respondents

JUDGEMENT

Shabihul Hasnain, J. - (1.) Heard Sri V. K. Shukla, learned counsel for the petitioners and Sri R. D. Sahi for private opposite party Nos .4 and 5 while learned Standing counsel appears for the State.
(2.) Petitioner has challenged order dated 8.3.2006 passed by Deputy Director of Consolidation (D.D.C.), Barabanki along with order dated 12.11.2014 passed by Settlement Officer of Consolidation (S.O.C.), Barabanki. The impugned orders of D.D.C. and S.O.C. are against order of Consolidation Officer dated 22.9.2010 which is in favour of the petitioner.
(3.) Crux of the matter is that one Chhedda is said to have executed a sale deed in favour of Sant Ram-petitioners' brother on 16.2.1984. Mutation of the sale deed was made on 5.9.1991. The sale deed dated 16.2.1984 as well as Vasiyatnama dated 30.9.1985 both are registered documents which have neither been challenged nor cancelled by any competent Court till date. According to the petitioners Chhedda is said to have died in 1987. The opposite parties, however, have submitted that Chhedda died on 25.4.1982. The contents of the sale deed and the Vasiyatnama have been disbelieved by the S.O.C. as well as D.D.C. on the basis of death certificate, which has been annexed as Annexure No.CA-2 to the counter affidavit filed by the opposite parties on page 4. Counter affidavit has been filed in the registry. For ready reference a copy of the counter affidavit has been filed by Sri R. D. Sahi and it is on record.;


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