Ram Surat Ram (Maurya), J. - (1.) Heard Sri S.K. Tyagi, for the petitioners and Sri Tripathi B.G. Bhai, for the respondents.
(2.) This writ petition has been filed against the orders of Settlement Officer Consolidation dated 29.01.2010 and Deputy Director of Consolidation dated 27.10.2010, passed in title proceedings, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to share of the parties in the land recorded in basic consolidation year khata 1139 of village and pargana Tappal, tahsil Kher, district Aligarh, in which names of the petitioners and respondents-4 to 9 were recorded. Assistant Consolidation Officer by order dated 21.02.2006 decided share of the parties. Respondents-4 to 9 filed a time barred appeal (registered as Appeal No. 114 of 2009-10) from aforesaid order along with delay condonation application, alleging therein that their signatures were obtained on plain papers, which was later on utilized for manufacturing conciliation proceeding and their share were not correctly decided. The disputed land was ancestral property coming from the time of common ancestor Ganga Ram, who had total 180 bigha land. Ganga Ram was inherited by his two sons Gulab and Teeka. The petitioners are descendants of Gulab and respondents-4 to 9 are descendants of Teeka. Gulab had four sons Bhupal, Kundan, Ram Lal and Kishori. Branch of Ram Lal was issueless and his share was jointly inherited by Bhupal, Kundan and Kishori. Thereafter their share was 1/6 each. Branch of Bhupal sold his ⅙ share (i.e. 30 bigha) in aforesaid ancestral property, in favour of remaining persons of his branch in 1961. Tahsildar by order dated 02.06.1962 directed for mutation of the names of transferees and made a separate khata of this land, which was came to be recorded in basic consolidation year khata 1120. Remaining land (i.e. 150 bigha) was recorded in basic consolidation year khata 1139. Therefore branch of Teeka jointly have ⅗ share (i.e. 90 bigha) and branch of Gulab jointly have / share (60 bigha) in it.;