B.L. Yadav, J. - (1.) THESE two petitions under Article 226 of the Constitution arise out of the common judgment dated 15 -9 -1978 passed by the Assistant Director of Consolidation, Azamgarh. Both the petitions involve almost similar questions. It would, therefore, be convenient to dispose them of by a common judgment.
(2.) KHATA Nos. 29, 151, 153, 195 and 260 were in dispute and Smt. Shyama Kunwari, mother of Smt. Jagdeiya, the Petitioner in Civil Misc. Writ Petition No. 92 of 1979, was recorded as sole tenure -holder in Khata No. 199 and in khata Nos. 29, 151, 153, 195 and 260 as co -tenant in the basic year. Against basic year entry an objection under Section 9 -A(2) of the U.P. Consolidation of Holdings Act was filed by the Petitioner Smt. Jagdeiya, in Civil Misc. Writ Petition No. 92 of 1979, alleging that Smt. Shyama Kunwari was an original tenure -holder who executed a sale -deed in her favour and on 10 -1 -68, Smt. Jagdeiya did not execute any sale -deed in favour of Chandrika and others, Respondent Nos. 7 to 10 in Civil Misc. Writ Petition No. 92 of 1979. In Civil Misc. Writ Petition No. 9028 of 1978 Smt. Maharajiya and another filed an objection under Section 9 -A(2) of the UP CH Act alleging that Smt. Shyama Kunwari had executed a surrender -deed on 5 -1 -1968 in favour of her three daughters, namely, Smt. Jagdeiya (Petitioner in Civil Misc. Writ No. 92 of 1979), Smt. Maharajiya (the present Petitioner and Smt. Prabhawati and that no sale -deed was executed by Smt. Jagdeiya in favour of Chandrika and others. Smt. Prabhawati died and after her death Smt. Sonmatiya, (Petitioner No. 2 in the present writ petition) has contested the case alleging that after Smt. Shyama Kunwari her three daughters succeeded her interest and that there was no surrender by Smt. Shyama Kunwari and that Smt. Jagdeiya has not executed any sale -deed in favour of Chandrika and others. It was prayed that the basic year entry may be corrected and Smt Maharajiya, daughter of Smt. Shyama Kunwari and Smt. Sonmatia, grand -daughter of Shyama Kunwari and Smt. Jagdeiya daughter of Smt. Shyama Kunwari may be recorded as co -tenure -holders. Chandrika and others, Respondents No. 5 to 8, filed another objection claiming' to be recorded as bhumidhar on the basis of the sale -deed and that Smt. Shyama Kunwari did not execute any surrender -deed in favour of her three daughters, rather she had executed a sale -deed in favour of her 'daughter Smt. Jagdeiya who was their vendor and that their names may be entered as bhumidhars on the basis of the sale -deed and the basic year entry may be corrected accordingly.
(3.) THE Consolidation Officer decided the case by his order dated 13 -11 -1975 holding that all the three daughters of Smt. Shyama Kunwari got the land on the basis of the surrender -deed dated 5 -1 -1968 and directed that the names of Smt. Jagdeiya, Petitioner in Civil Misc. Writ Petition No. 92 of 1979, Smt. Maharajiya another daughter and Smt. Sonmatiya, daughter of third daughter Smt. Prabhawati daughter of Smt. Shyama Kunwari may be entered as co -tenants. Chandrika and others, the alleged vendees of Smt. Jagdeiya filed appeal and Smt. Jagdeiya also filed appeal. The vendees alleged that they have obtained sale -deed from Smt. Jagdeiya and were entitled to be recorded as bhumidhars whereas Smt. Jagdeiya alleged that she did not execute any sale -deed in favour of the vendees and that she alone was entitled to be recorded in place of Smt. Shyama Kunwari and her other sisters were not entitled to any right, title and interest in the property in dispute. All the appeals were dismissed by the Assistant Settlement Officer (Consolidation). The parties preferred revisions. The revision of the vendees Chandrika and others was allowed and they were held to be bhumidhars on the basis of the sale -deed executed by Smt. Jagdeiya. The revision of Smt. Jagdeiya was also allowed to the extent that Smt. Shyama Kunwari did not execute any surrender deed in favour of her three daughters rather she was entitled to be recorded as bhumidhar.;