Ram Surat Ram (Maurya), J. - (1.) Heard Sri R.K. Maurya, for the petitioner and Sri Vinod Pandey, for the contesting respondents.
(2.) The writ petition has been filed against the orders of Assistant Settlement Officer Consolidation dated 23.04.1977 and Deputy Director of Consolidation dated 12.08.1997, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute between the parties relates to the land of basic consolidation year khata -93 of village Saidpur Umaran, pargana Surhurpur, district Ambedkar Nagar, which was recorded in the name of Ram Tirath (the petitioner). Jagdish Prasad, Ram Bahal and Ram Iqbal (respondents -2 to 4) (hereinafter referred to as the respondents) filed an objection, claiming co -tenancy of 1/4 share each, in the land in dispute. The respondents pleaded that land in dispute was acquired in the name of Ram Tirath, by joint family of the petitioner and the respondents, through joint family fund. After death of Chandra Bhushan, father of the petitioner and respondents -3 and 4 and grand father of respondent -2, share of all of them has become equal i.e. 1/4 each. The case was contested by the petitioner on the ground that he was living separately from his father. He purchased the land in dispute through sale deed dated 26.11.1959, from his own income, which was his self acquired property and his other brothers had no share in it. Before Consolidation Officer, apart from documentary evidence, the petitioner examined himself as witness. The respondents, apart from documentary evidence, examined Ram Asre, Ram Iqbal, Ram Bahal and Jagdish as witnesses. Consolidation Officer, by his order dated 14.12.1976 dismissed the objection of the respondents.;