JUDGEMENT
ANIL KUMAR,J. -
(1.) Heard Sri U.S. Sahai, learned counsel for petitioner, learned
State counsel as well as Sri R.R. Upadhayaya, learned counsel for
respondents and perused the record.
(2.) Facts in brief of the present case are that Sri Ram Adhar the
recorded tenure holder of Khata No. 163, 328 & 329 Village
Khanpur, Post Officer Punhed, District Faizabad. After his death when
consolidation proceeding started in the village, two sets of objections
under Section 9 of the U.P. Consolidation of Holdings Act, 1953
(hereinafter referred to as the Act), were filed; one by petitioner/Kapil
Deo on the ground that he is the adopted son of Sri Ram Adhar by
virtue of adoption deed, second set of objection has been filed by Sri
Sheo Kumar (now deceased) on the ground that Ram Adhar has
bequeathed the property by Will Deed dated 10.05.1975 in his favour.
(3.) By order dated 31.01.1991, Consolidation Officer allowed the
claim of the petitioner, challenged by the respondent by filing an
appeal, allowed by order dated 11.07.1996, challenged by the
petitioner by Revision No. 581 (Kapil Deo Vs. Sheo Kumar), allowed
by order dated 30.01.1999 passed by Dy. Director of Consolidation,
Faizabad.;
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