RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri S.C. Verma, for the petitioners and Sri V.K. Singh along with Sri A.K. Rai, for the respondents.
(2.) The writ petition has been filed against the order of Deputy Director of Consolidation dated 31.12.1985, passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as "the Act").
(3.) The dispute between the parties was in respect of land of basic consolidation year khata-167 (consisting plots 296/1 (area 0.65 acre), 296/2 (area 0.64 acre) and 296/3 (area 0.64 acre) of village Shivrampur and khata -256 (consisting plots 146/2 (area 0.13 acre), 146/4 (area 0.13 acre), 149/2 (area 0.09 acre), 149/4 (area 0.09 acre), 261/2 (area 0.19 acre), 269/2 (area 0.23 acre), 292/1 (area 0.12 acre) and 292/2 (area 0.15 acre) of village Moglabir. In basic consolidation year, khata-167 was recorded in the names of Tulsi, Bihari and Munshi sons of Lurkhur, Barsati and Katwaroo sons of Bhaggan. Khata-256 was recorded in the names of Raghunath son Sahdev, Shambhhoo son of Baij Nath, Tulsi, Bihari and Munshi sons of Lurkhur, Barsati and Katwaroo sons of Bhaggan (respondents-2 to 8) (hereinafter referred to as the respondents). Sattan and others (the petitioners) filed an objection, claiming co-tenancy of ? .. " share jointly of petitioners-1 to 3 and ? .. " share of petitioner-4 in khata-167 and ? ..? share jointly of petitioners-1 to 3 and ? ..? share of petitioner-4 in khata-256. It is admitted to the parties that Raghunath son Sahdev, Shambhhoo son of Baij Nath (respondents-7 and 8) had ? share each in khata-256. The petitioners stated that disputed land was acquired by Chaturi, Khannu and Molai sons of Padarath, who formed a joint Hindu family. Chaturi was Karta of the family as such his name was recorded in representative capacity. After death of Chaturi, name of his sons Lurkhur was recorded in representative capacity and after his death, names of his descendants were recorded. They were descendants of Khannu and Molai and had ? .. " share each in khata 167 and ? ..? share each in khata-256. They were through out in possession of the land of their share.;