RAM SURAT RAM (MAURYA),J. - (1.) Heard Sri Awadhesh Kumar Singh, for the petitioner Saghan Chhetra Vikas Samiti, Sri Manish Kumar Srivastava, for the petitioner Parshuram and Sri Vishnu Kumar Singh, for contesting respondents in both the writ petitions.
(2.) Writ B No. 10382 of 1984 has been filed against order of Deputy Director of Consolidation dated 26.05.1984 passed in title proceeding under U.P. Consolidation of Holdings Act, 1953 (hereinafter referred to as the Act). Writ B No. 12691 of 1984 has been filed against orders of Assistant Settlement Officer Consolidation dated 23.03.1979 and Deputy Director of Consolidation dated 26.05.1984 passed in title proceeding under the Act.
(3.) In basic consolidation year, khata 154-ka [consisting plots 34 (area 0.68 acre), 164/3 (area 0.36 acre), 165/1 (area 1.22 acre), 172 (area 0.45 acre), 176 (area 0.65 acre) and 437/1 (area 1.96 acre) of village Azgara, pargana Barah, district Varanasi (at present Chandauli) was recorded in the names of Sankatha son of Gaya Charan and Parshuram son of Ram Prasad. Sankatha filed an objection under Section 9 of the Act, claiming that Parshuram had executed a sale deed dated 31.08.1967 of his share in plots 165/1 (area 1.22 acre) and 176 (area 0.65 acre), in his favour as such he has become owner of total area of plots 165/1 (area 1.22 acre) and 176 (area 0.65 acre). Saghan Chhetra Vikas Samiti filed an objection under Section 9 of the Act, claiming that Smt. Somra widow of Dukkhi and Sankatha son of Gaya Charan had executed a sale deed dated 17.05.1957 of plots 164 (area 0.38 acre), 165 (area 0.47 acre) and 172 (area 0.45 acre), in its favour as such it has become owner of plots 164 (area 0.38 acre), 165 (area 0.47 acre) and 172 (area 0.45 acre). Parshuram filed a counter objection and stated that Dukkhi, Sankatha and Satya Narain sons of Gaya Charan were co-tenure holders of all the plots mentioned in khata 158-ka, having their ? .. " share each. Dukkhi was inherited by his widow Smt. Somra, who executed a gift deed dated 13.10.1959 in respect of her ? .. " share in favour of Uma Shankar and Yagya Narain sons of Bhagwati. This land came to be separately recorded in basic consolidation year khata-12 in their names and they had no concern with the land recorded in khata-158-ka. Sankatha executed a sale deed, in favour of Saghan Chhetra Vikas Samiti, which was recorded in its name in basic consolidation year khata 144. Satya Narain executed a registered sale deed dated 28.11.1956 in respect of his ? .. " share in aforesaid ancestral property in favour of Parshuram (his daughter's son) as such in khata 158-ka, he has 1/2 share. He denied execution of sale deed dated 10.07.1967 in favour of Sankatha.;