- (1.) Heard Sri Arun Kumar, for the petitioner and Sri R.C. Singh, along with Sri Ravindra Sharma, for the contesting respondents.
(2.) This petition has been filed against the order of Deputy Director of Consolidation, dated 01.07.2006 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the 'Act').
(3.) The dispute between the parties is in respect of basic consolidation year khata 98 of village Bagahi, Tappa Mail, pargana Salempur Majhauli, district Deoria, which was recorded in the names of Subhash and Suresh (respondents-2 and 3) (hereinafter referred to as the respondents). Harish Chand (the petitioner) filed an objection (registered as Case No. 343/2348) under Section 9-A of the Act, for recording his name over it and deleting the names of the respondents. He claimed that Sachchan was bhumidhar of the land in dispute. Sachchan died on 08.10.1967, leaving behind him the petitioner as his only son and heir of the land in dispute. Since then the petitioner was in possession of the land in dispute. The petitioner was minor at the time of death of Sachchan. Taking advantage of minority of the petitioner and illiteracy of his widow mother, the respondents got their names mutated over the land in dispute, on the basis of a fabricated sale deed dated 09.10.1967. The petitioner, through his guardian, filed a suit (registered as O.S. No. 452 of 1968) on 27.3.1968, for cancellation of the sale deed, before Civil Court, which was abated by order dated 07.05.1971, under Section 5 of the Act. The objection was contested by the respondents and they have stated that the sale deed of the land in dispute was executed by Sachchan on 09.10.1967 in their favour. One Brij Kishore Maurya, who is Panchayat Secretary of the village, got this objection filed through his sister-in-law Prem Sundari, impersonating herself as Smt. Gulaichi and her minor son Harish Chand. Although, Smt. Gulaichi was not wife of Sachchan, nor Harish Chand was son of Sachchan.;