- (1.) Heard Sri Vikas Srivastava Bakshi, for the petitioner and Sri D.P. Gupta, for the contesting respondents.
(2.) This writ petition has been filed against the orders of Consolidation Officer dated 21.07.2003 and Deputy Director of Consolidation dated 24.07.2006, passed in title proceeding, under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act).
(3.) The dispute relates to plot 489 (area 2.36 acre) of village Dariyapur, pargana Lahar, district Sitapur. In basic consolidation year, land in dispute was recorded in the name of Smt. Prem Kali (the petitioner), Smt. Manno Devi and Ghan Shyam (respondents-4 and 5) in khata 145. Ramesh Chandra (respondent-3) filed an objection (registered as Case No. 69/57/53/49) under Section 9-A of the Act, claiming co-tenancy of 1/2 share in the land in dispute. It has been stated by Ramesh Chandra that land in dispute [whose old numbers were plots 448 (area 0.58 acre), 478 (area 0.82 acre), 841 (area 0.89 acre) and 879 (area 0.55 acre) (total area 2.84 acre) was bhumidhari holding of Guru Prasad, his great grand father, who executed a gift deed dated 17.07.1956 in favour of Smt. Parag Devi, his widow daughter, creating a life interest in her for her maintenance. Smt. Parag Devi did not have transferable right over the land in dispute. After death of Smt. Parag Devi, land in dispute was jointly inherited by Ram Narain and Bankey Lal sons of Guru Prasad as such he had 1/2 share and remaining 1/2 share belonged to Smt. Manno Devi and Ghan Shyam (respondent-4 and 5). Gift deed dated 05.03.1974, executed by Smt. Parag Devi in favour of Smt. Prem Kali and Smt. Manno Devi was void. Smt. Manno Devi (respondent-4) supported the case of Ramesh Chandra (respondent-3).;