- (1.) Heard Sri Shahid Masud, learned Counsel for petitioners and Sri M.C. Joshi appearing for contesting respondents.
(2.) Dispute relates to Khata No. 190 situate in village Akka Bheekampur Mustahkam, pargana and district Moradabad which belonged to one Yaseen, who had four sons, namely, Saadullah, Hamid Ullah, Peer Baksh and Saleem. After death of Yaseen, Khata in dispute was inherited by his aforesaid sons and since Hamid Ullah died issueless, his three remaining sons, namely, Saadullah, Peer Baksh and Saleem had one third share each. Peer Baksh sold one half of his one third share, i.e. One-sixth share in khata in dispute to petitioners No. 2 and 3 much before start of consolidation. His name came to be recorded in the revenue records on the basis of the said sale deed and the same is not in dispute in the present petition. He transferred his remaining one-sixth share in khata in dispute in favour of one Naseer son of Bunlyad Ali. Saadullah transferred 1/2 of his 1/3 share in khata in dispute, i.e" 1/6 share in favour of petitioner No. 1, Smt. Zakia Kausur vide sale deed dated 8.10.1987. Saleem transferred 1/2 of his 1/3rd share in khata in dispute, i.e., 1/6th share in favour of petitioners No. 2 and 3 vide sale deed dated 16.10.1987. Vide order dated 16.10.1987 passed by Tehslldar name of petitioner Nos. 2 and 3 was duly mutated in revenue records. Similarly, name of Smt. Zakia Kausar was also mutated in revenue records vide order dated 18.1.1988. Thus, in the basic year, khata in dispute was recorded in the name of petitioner No. 1, Smt. Zakia Kausar, petitioners No. 2 and 3 Raisul Hasan, Idris Hasan and Bashiran wife of Buniyad All.
(3.) During consolidation operation an objection was filed by Saleem and Saadullah (predecessor-in-interest of respondent Nos. 3 to 6) under Section 9A(2) of the U.P. Consolidation of Holdings Act (for short the 'Act') that their names have wrongly been expunged from the record and they had transferred 1/2 of their 1/3rd share, i.e., 1/6th share in khata and are entitled to be recorded as co-sharer to the extent of 1 /6 share. Another objection was filed by Chhidda son of Buniyad All claiming to be recorded in place of his mother Smt. Bashiran as her heir. Another objection was filed by Saadullah claiming that he had only transferred 1/2 of his 1/3rd share, i.e., 1/6th share in khata in dispute in favour of Smt. Zakia Kausar, petitioner No. 1, and her name has wrongly came to be -recorded over his entire share and he is entitled to be recorded as co-sharer to the extent of 1/6th share. Another objection was filed by one Shaukat claiming that he had purchased 1/6th share from Bashiran as such he is entitled to be recorded.;