Shabihul Hasnain, J. - (1.) Heard Sri U. S. Sahai, learned counsel for the petitioners and Sri Daya Shankar Tripathi for the opposite parties.
(2.) The present petition has been filed by the petitioners challenging the judgment and order dated 16.02.2008 passed by the opposite party No. 1 Deputy Director of Consolidation Faizabad Camp Sultanpur in Revision No. 339 (Babu Lal Singh and others Versus Chandra Pal Singh).
(3.) As per the given facts the dispute in the instant petition relates to Khata No. 76, 80, 107, 112, 116, 130, 308, 312 and 377 situated in Village- Dhundhu, Pargana-Barausa, Tehsil & District- Sultanpur, which shall hereinafter be referred as the "land in dispute". The land in dispute in the basic consolidation records was recorded in the name of father of the petitioners Chandra Pal, Ram Pal and others. On the death of one of the recorded tenure holders Ram Pal the dispute of his succession arose in which father of the petitioners Chandra Pal alongwith the private opposite parties and several other filed their objection under Section 9-A (2) of U.P. Consolidation of Holdings Act, in short "the Act", before the Consolidation Officer Peedhi, District- Sultanpur. On one hand the objection of the father of the petitioners was based on the ground that he being natural heir of Ram Pal is entitled to get his share in view of the provisions contained under Section 171 of U.P. Z.A. & L.R. Act, on the other hand the objection filed by the opposite party No. 2 to 4 was to the effect that since they are the sons of the last recorded tenure holder of the land in dispute Ram Pal, hence they are entitled to get his share equally.;