- (1.) Heard Sri P.K.Jaiswal, learned counsel for the petitioners, Sri M.E. Khan, learned Additional Chief Standing Counsel for opposite party no.1, Sri Kapish Srivastava, learned counsel for opposite party no.2 and Ms. Priyanka Yadav, learned counsel for opposite party no.3 and perused the record.
(2.) Facts, in brief, of the present case are that one Sri Kamta,who is recorded as tenure holder of Khata No.225 situated in village Bhinga Dehat , Pargana and Tehsil- Bhinga Distrcit Shrawasti in the revenue record. After his death, dispute arisen between the parties in respect to the co-sharer of the property in question.
(3.) Accordingly, in a proceedings under Section 9 of the U.P. Consolidation of Holdings Act, 1953 ( herein after referred as 'Act') the matter came up for consideration before the Consolidation Officer, Bhinga, who has decided the same by order dated 18.12.2010, challenged before Settlement Officer Consolidation, Shrawasti by filing an appeal under Section 11(2) of the Act.;